Wise's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas, of Greene eenmty: Of October and November Term 1881, No. 317. Tills was an appeal by Morgan R. Wise from a decree of the said court, discharging a rule to show cause why a certain judgment should not be opened and the said Wise be let into a defence.
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Appeal from the Court of Common Pleas, of Greene eenmty: Of October and November Term 1881, No. 317. Tills was an appeal by Morgan R. Wise from a decree of the said court, discharging a rule to show cause why a certain judgment should not be opened and the said Wise be let into a defence. The facts, as set forth in the petition of W ise for the rule to show cause, and which were undisputed, wore these: On October 27th 1875 Peter Brown and Morgan R. Wise gave to Flenniken & Co. their judgment note for $1,000, for borrowed money, payable three months after date, with warrant of attorney to…
1Opinion of the CourtJustice Trunkey
No creditor whose debt is provable shall be allowed to prosecute to final judgment any suit at law, or in equity therefor against the bankrupt, until the question of the debtor’s discharge shall have been determined; and such suit shall be stayed upon application of the bankrupt to await the determination of the court in bankruptcy on the question of discharge, but if the amount be in dispute, by leave of said court, the suit may proceed to judgment for the purpose of ascertaining the amount due, and execution shall be stayed: E. S. U. S. § 5106. A discharge in bankruptcy, subject to certain…
2Cases cited2 opinions
- Bradford v. RiceMassachusetts Supreme Judicial Court · 1869
- Monroe v. . UptonNew York Court of Appeals · 1872
3Cited by4 opinions
- Bank v. FulmorSupreme Court of Pennsylvania · 1889
- Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Budget Charge Accounts, Inc. v. MullaneySuperior Court of Pennsylvania · 1958
- Tioga County Savings & Trust Co. ex rel. Klock v. GatesSupreme Court of Pennsylvania · 1916