Legal Opinion

Sample v. . Jackson

Supreme Court of North Carolina

Decided September 22, 1943PublishedCited by 1 opinion

1Opinion of the CourtSeawell, J.

Passing the question of whether section 67 (f) of the Bankruptcy Act of 1898 is available to the discharged bankrupt in avoiding a judgment lien taken within the four months period next preceding the filing of the petition and while he was insolvent, we first consider defendants’ plea of estoppel — the effect as res judicata of the judgment of nonsuit rendered in the former proceeding before Judge Hamilton, which dealt with the subject of the present suit and in which the plaintiff sought the same relief.

From the stipulation of counsel there appears to be sufficient identity between the two…

2Cases cited5 opinions

  1. United States v. OklahomaSupreme Court of the United States · 1923
  2. Liberty Nat. Bank of Roanoke v. BearSupreme Court of the United States · 1924
  3. Wager v. HallSupreme Court of the United States · 1873
  4. Flowers v. American Agricultural Chemical Co.Supreme Court of North Carolina · 1930
  5. Silver Valley Mining Co. v. North Carolina Smelting Co.Supreme Court of North Carolina · 1896

3Cited by1 opinion

  1. In re StallingsSupreme Court of North Carolina · 1987

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