Flanagan v. Cary
Texas Supreme Court
Error from Busk. Tried below before the Hon. J. B. Williamson. This ease is the sequel of Little v. Birdwell, 21 Texas, 597, and 27 Texas, 688, and shows what has ultimately gone with the subject-matter of that protracted litigation. A full history of the entire matter will be found in the volumes just referred to. The present plaintiff below, Gary, was the administrator de bonis non of Richard J. Ball’s estate, suing in the interest of Ball’s heirs.
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Error from Busk. Tried below before the Hon. J. B. Williamson. This ease is the sequel of Little v. Birdwell, 21 Texas, 597, and 27 Texas, 688, and shows what has ultimately gone with the subject-matter of that protracted litigation. A full history of the entire matter will be found in the volumes just referred to. The present plaintiff below, Gary, was the administrator de bonis non of Richard J. Ball’s estate, suing in the interest of Ball’s heirs. The head-notes show the nature of his action.
1Opinion of the CourtWalker, J.
This suit was instituted in January, 1865. The plaintiff claimed certain slaves, and the value of their hire for a term of years.
The only question presented on the appeal for our consideration is, was a discharge in bankruptcy a good defense to the plaintiff’s demand ?
The District Court held that the liability was of such a character as a discharge in bankruptcy would not relieve against. The court was no doubt governed by the interpretation given to the 33d Section of the General Bankrupt Act of March 2d, 1867, which reads as follows : “ Eo debt contracted by the fraud “ or embezzlement of…
2Cases cited2 opinions
- Blair v. Commissioner of Administrative Services (In Re Blair)United States Bankruptcy Court, D. Connecticut · 1979
- Gwathney v. M'LaneU.S. Circuit Court for the District of Indiana · 1844
3Cited by4 opinions
- Howland v. CarsonOhio Supreme Court · 1876
- Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875
- Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875
- Jones' Ex'ors v. ClarkSupreme Court of Virginia · 1875