Givens v. Robbins
Supreme Court of Alabama
EkRoe to the Circuit Court ofRenton. This was an action of assumpsit, on a promissory note, by the defendant in error against E. L. Givens, H. L. Givens and W. T. Givens as partners.
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EkRoe to the Circuit Court ofRenton. This was an action of assumpsit, on a promissory note, by the defendant in error against E. L. Givens, H. L. Givens and W. T. Givens as partners. After the commencement of the suit, E. L. & H. L. Givens applied for the benefit of the bankrupt law, and this fact being suggested to tl court by them, and a continuance moved for, the court continued the cause as to them, though objected to by the plaintiff’s counsel and refused to continue as to the other defendant. A joint demurrer to the declaration, which had previously been ■ filed, was then overruled, and…
1Opinion of the CourtOrmond, J.
According to our practice, the granting or refusing permission to continue a cause, is a matter of discretion with the court below, and cannot be reviewed in this court. We think it proper, however, to say, that we entertain no doubt that an application for the benefit of the bankrupt law, will not entitle a party who has been sued, to a continuance of his cause. The act of Congress does not contemplate that the party applying for the benefit of the act, shall be released from his debts until he obtains'his discharge and certificate according to the rules prescribed in the 4th section of the…
2Cited by7 opinions
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Curry v. WoodwardSupreme Court of Alabama · 1875
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Curtis v. GainesSupreme Court of Alabama · 1871
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