Gignac v. King

This is an action of tort to recover damages resulting from an automobile accident. The defendant filed a special plea of a discharge in bankruptcy to which the plaintiff demurred. The demurrer was overruled and the plea adjudged sufficient. The plaintiff was allowed an exception and the cause passed to this court for determination on the exception before final judgment pursuant to V. S. 47, § 2124.

We find from the record that the plaintiff by his writ, dated September 28, 1951, brought this action in the Franklin County court against the defendant. The declaration alleged in substance that…