Jones v. Walter
Court of Appeals of Kentucky
Case 67 — Action by John W. Jones against Edmund Waiter and Others to Enjoin the Collection of an Execution. APPEAL EEOM. MONTGOMERY CIRCUIT COURT. Demurrer to Plaintiff’s Petition Sustained and He Appeals. The .sole question to be determined on this appeal is whether, if .the allegations of the petition be true, the plaintiff wasi released from the debt in controversy by his discharge in .bankruptcy. The first requisite is to aver facts showing that the debt was “provable.”
Read the full summary
Case 67 — Action by John W. Jones against Edmund Waiter and Others to Enjoin the Collection of an Execution. APPEAL EEOM. MONTGOMERY CIRCUIT COURT. Demurrer to Plaintiff’s Petition Sustained and He Appeals. The .sole question to be determined on this appeal is whether, if .the allegations of the petition be true, the plaintiff wasi released from the debt in controversy by his discharge in .bankruptcy. The first requisite is to aver facts showing that the debt was “provable.” This was met by not merely alleging a conclusion, but we allege particularly the origin and oonisideoiation of the…
1Opinion of the Court
Opinion op the court.' nr
CHIEF JUSTICE BURNAM
Reversing.
This action was brought by the appellant, John W. Jones, against the appellees, Edmond Walter, etc., to enjoin the collection of an execution which had issued against him in favor of the appellees upon a judgment for $319.49, with interest from the 17th day of December, 1889, in the name of Albert Berger & Co., of which firm appellees are now the sole surviving partners, upon the ground that he had on the - day of January, 1900, been duly adjudged a bankrupt, and released from all debts provable in bankruptcy existing on that day from…
2Cited by5 opinions
- Lynch v. McKeeCourt of Appeals of Texas · 1919
- Daffron v. SmockCourt of Appeals of Kentucky (pre-1976) · 1933
- Dycus v. BrownCourt of Appeals of Kentucky · 1909
- First National Bank of Jackson v. StrongCourt of Appeals of Kentucky (pre-1976) · 1929
- Mindess v. GoodmanCalifornia Court of Appeal · 1962