Legal Opinion

Hamon v. Foust

Tennessee Supreme Court

Decided September 15, 1912PublishedCited by 2 opinions

FROM SCOTT. Appeal from the Chancery Court of Scott County to the Court of Civil Appeals, and by writ of certiorari from the Court of Civil Appeals to the Supreme Court. —Hugh G. Kyle, Chancellor.

1Opinion of the CourtJustice Neil

Foust, having a judgment against Hamon, caused it to he levied upon certain property described in the bill. Thereupon Hamon filed his bill to enjoin the sale of the property, alleging as ground for the injunction that the judgment had been discharged in bankruptcy. He filed as an exhibit to the bill a paper purporting to be a copy of the discharge, but this was certified only by the clerk. Objection was made on the ground that the discharge was not properly authenticated under our statute, and it could not be used as evidence. The chancellor sustained this view, and denied the complainant…

2Cases cited3 opinions

  1. Turnbull v. PaysonSupreme Court of the United States · 1877
  2. Conkey v. ConderIndiana Supreme Court · 1894
  3. Thomas v. OwenSupreme Court of Kansas · 1897

3Cited by2 opinions

  1. State ex rel. Needham v. FordTennessee Supreme Court · 1964
  2. McClain v. MadryCourt of Appeals of Tennessee · 1927

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