Bluthenthal v. Jones
Supreme Court of Florida
This case was decided by Division B. Appeal from the Circuit Court for Polk County. STATEMENT. On the 19th of June, 1905, the appellee as complainant filed his bill in the Circuit Court of Polk county against the appellants Bluthenthal & Bickart, alleging therein that on the 7th of August, 1900, the apellants recovered a judgment against him in the said court for $731.28 and $6.53 costs, and had an execution thereon issued and placed in the hands of the sheriff of said…
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This case was decided by Division B. Appeal from the Circuit Court for Polk County. STATEMENT. On the 19th of June, 1905, the appellee as complainant filed his bill in the Circuit Court of Polk county against the appellants Bluthenthal & Bickart, alleging therein that on the 7th of August, 1900, the apellants recovered a judgment against him in the said court for $731.28 and $6.53 costs, and had an execution thereon issued and placed in the hands of the sheriff of said county; that said judgment was rendered upon an open account for goods, wares and merchandise sold and delivered to him by…
1Opinion of the Court
Hooker, J.,
(after stating the facts.) The only question here is one of law. The contention of the appellants Bluthenthal & Bickart is that because they participated in the bankruptcy proceeding in the United States Court in Georgia, in the year 1900, and proved their account against Jones in that proceeding, and resisted his discharge there, that the order of the United States District Judge refusing to grant him a discharge rendered their claim “res adjudAcata” and that as they did not participlate in the bankruptcy proceeding in the United States District Court of Florida in 1903, the order…
2Cases cited1 opinion
- In re DriskoDistrict Court, D. Massachusetts · 1875
3Cited by3 opinions
- Virginia-Carolina Chemical Co. v. FisherSupreme Court of Florida · 1909
- Webb v. JacksonMississippi Supreme Court · 1936
- Youngman v. SalvageNorth Dakota Supreme Court · 1911