Wofford Oil Co. v. Womack

Plaintiff filed suit on November 19, 1931, on certain trade acceptances. An involuntary petition in bankruptcy against the defendants was filed on November 25, 1931, and on December 11, 1931, they were adjudicated bankrupts. No plea of bankruptcy was filed in the pending suit, and on January 19, 1932, judgment by default was entered against the defendants. Execution was issued, and on April 19, 1932, the defendants filed in the trial court a petition setting up the facts with reference to the adjudication in bankruptcy, reciting that the plaintiff had notice thereof and that its claim was…