Lathrop v. Stuart
U.S. Circuit Court for the District of Ohio
[This was an. action by Sylvanus Lathrop against William Stuart. Heard on demurrer to a plea of discharge in bankruptcy.]
1Opinion of the Court
OPINION OF
THE COL'RT.
The plea to which a demurrer is filed in this case, sets up in bar of the action, the defendant’s discharge under the late bankrupt act, by the decree of the district court of the United States for the Southern district of Alabama. The averment of the plea is, that such decree was duly entered, and a certificate issued in pursuance thereof. It is insisted that the plea is deficient, in not averring that a petition was filed, and that the court had jurisdiction. It is a principle long since settled, that in pleading the judgment or decree of a court having plenary…
2Cited by7 opinions
- Rutenic v. HamakarOregon Supreme Court · 1902
- Brown v. CauseyTexas Supreme Court · 1882
- Joyner v. Bank of MenloSupreme Court of Georgia · 1923
- Sawyer v. RectorSupreme Court Of The Territory Of Dakota · 1888
- Crouse v. WhittleseyNew York Supreme Court · 1892
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