Dill v. Hamilton

Plaintiffs sued to enforce a judgment for money. The defendant pleaded a discharge in bankruptcy. The trial was had upon a written stipulation of facts and resulted in a judgment for plaintiffs.

The issue raised on the appeal is whether the debt “was duly scheduled” within section 17 of the Bankruptcy Act (11 U.S.C.A. §35) and, if not, whether respondents “had notice or actual knowledge” of the bankruptcy proceedings. On April 2, 1936, a judgment was rendered in the superior court in an action entitled “Marian S. Schmidt and Carl Bender, as executors of the last will and testament of Herbert…