Heard v. Arnold & DuBose

Jackson, Judge.

The defendants pleaded their discharge in bankruptcy to .the plaintiff’s action on aelaim provable in the bankrupt court. 'Due notice was given by publication in two newspapers, but :none served personally, or by mail, upon this plaintiff, nor was her name in the schedule of creditors. We think that the ¡bankrupt law requires notice by publication to meet those .cases where the creditors’ names are not in the schedule, or furnished to the marshal, and in the absence of fraud in omitting the plaintiff’s name as creditor in the schedule, the discharge operates to bar her right to…