Bangs v. Strong

By the Court, Jewett, J.

It is true, as the defendant’s counsel insists, that the discharge is prima facie an extinguishment of the judgment, as to this defendant; but the act expressly provides that it may be impeached for fraud or wilful concealment, &c. (Bankrupt act, § 4.)

The cases to which the defendant’s counsel has referred, establish the principle, that the validity of such discharges cannot be determined upon affidavits. They are all cases where the defendant was in custody on mesne or final process, or where he had been surrendered by his bail. I am entirely satisfied with the…