Time Finance Co. v. Nelson

Morris, Commissioner

Reversing.

Appellant sought to recover of appellees, Nelson and wife, $300 which they had borrowed of appellant. Defendants filed a special demurrer to the petition setting out that Nelson had' filed bankruptcy proceedings and had turned over all his assets to the Bankruptcy Court, and that the matter was in process of administration.

The court did not pass on the demurrer at that time. Plaintiff then amended its petition alleging that the Bankruptcy Court had adjudged the petitioner a bankrupt and granted a discharge from all debts, excepting such liabilities as arose from…