Reed v. Bullington
Mississippi Supreme Court
Error to the circuit court of Oktibbeha county. Son. B. B. BooNE, Judge. This is a writ of error to the court below, based upon the judgment of the court sustaining a demurier to the replication to a plea of bankruptcy^ Contended, 1. That in a replication to a plea of bankruptcy, the plaintiff may allege fraud in the bankrupt proceedings, citing act of 1867 in relation to bankruptcy, section 29. In re Pennet 3 B. R., 145, Brown v. Willman, 1 Rich., 374; 6 Bush (Ky.) 344,…
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Error to the circuit court of Oktibbeha county. Son. B. B. BooNE, Judge. This is a writ of error to the court below, based upon the judgment of the court sustaining a demurier to the replication to a plea of bankruptcy^ Contended, 1. That in a replication to a plea of bankruptcy, the plaintiff may allege fraud in the bankrupt proceedings, citing act of 1867 in relation to bankruptcy, section 29. In re Pennet 3 B. R., 145, Brown v. Willman, 1 Rich., 374; 6 Bush (Ky.) 344, Beard v. Hall, 36 Conn., 270. In re Rosenberg, 2 B. R., 81. In re Kemball, 2 ib., 74. In re Wright, ib.-, 57; Sampson v.…
1Opinion of the CourtSimuall, J.
In the case of Stephens et al. v. Brown, decided at this term, we held that a discharge in bankruptcy, under the law of 1867, could not be assailed in the State court; but the special proceeding provided in that act must be pursued in the Federal court. It would follow, that the replications respectively pleaded by the defendants, setting up the fraudulent acts of the bankrupts, in avoidance of the discharges, were properly declared to be bad on demurrer.
The other replications, to the effect that the judgment proposed to be revived, was recovered more than four months before the adjudication…
2Cases cited5 opinions
- Bates v. TappanMassachusetts Supreme Judicial Court · 1868
- Bush v. CooperMississippi Supreme Court · 1853
- T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
- Jones v. Lellyett & SmithSupreme Court of Georgia · 1869
- Gibson v. GreenMississippi Supreme Court · 1871
3Cited by10 opinions
- Keller v. Smalley & HarrisTexas Supreme Court · 1885
- Beall v. WalkerWest Virginia Supreme Court · 1885
- Blair v. HannaIndiana Supreme Court · 1882
- Kimberling v. HartlyUnited States Circuit Court · 1880
- Winters v. ClaitorMississippi Supreme Court · 1877
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