Scruby v. Norman
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Mon. E. J. BroadduSj Judge. (1) By tbe Bankruptcy Act of 1898, section 70, it is provided that tbe title to all of tbe bankrupt’s estate, botb real, personal and mixed, of every kind and nature, shall vest in tbe trustee of tbe bankrupt, by operation of law, except tbe property exempt by tbe statutes of tbe State.
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Appeal from Livingston Circuit Court. — Mon. E. J. BroadduSj Judge. (1) By tbe Bankruptcy Act of 1898, section 70, it is provided that tbe title to all of tbe bankrupt’s estate, botb real, personal and mixed, of every kind and nature, shall vest in tbe trustee of tbe bankrupt, by operation of law, except tbe property exempt by tbe statutes of tbe State. Section 70 of tbe Bankruptcy Laws of 1898. (2) Under tbe Bankruptcy Law of 1867, tbe person who is, under tbe present bankruptcy laws, known as tbe trustee was known as tbe assignee in bankruptcy. Under section 5044, Revised Statutes of United…
1Opinion of the CourtSmith, P. J.
— This suit was brought by plaintiff against'defendant on a promissory note executed by the latter to the former for $1,330. On October 2, 1899, there was a trial which resulted in judgment for the defendant. On the twentieth day of January, 1900, an appeal was taken by the *519defendant from that judgment to tbis court. After tbe cause was removed bere by tbe appeal, tbe defendant filed a motion to dismiss and abate tbe action, etc., alleging as grounds tberefor, tbe following facts:
“(1) That on tbe sixteenth day of June, 1900, tbe plaintiff herein was, on bis own petition, by the district court…
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