Young & Co. v. Howe
Supreme Court of Alabama
Appear from Madison Circuit Court. Heard before Hon. T). W.,Speake. Action by Otto Young & Go. against F. A. Howe, Jr., and. oiiiers. From a judgment for defendants, plaintiffs appeal. This was an action against F. A. Howe, Jr., begun in tlie justice court, and taken by Howe on appeal to the circuit court, for which appeal he executed the usual appeal bond, with two sureties, conditioned as usual in such instances.
Read the full summary
Appear from Madison Circuit Court. Heard before Hon. T). W.,Speake. Action by Otto Young & Go. against F. A. Howe, Jr., and. oiiiers. From a judgment for defendants, plaintiffs appeal. This was an action against F. A. Howe, Jr., begun in tlie justice court, and taken by Howe on appeal to the circuit court, for which appeal he executed the usual appeal bond, with two sureties, conditioned as usual in such instances. After the case reached the circuit court, the defendant pleaded that he was adjudged a bankrupt on June 7, 1904, and that the claim here sued on existed at that time, and that on…
1Opinion of the CourtAnderson, J.
The plea of discharge in bankruptcy, the truth of which was admitted by the demurrer and replication, was a complete defense in bar to a. judgment against the defendant — Bankr. Act .July 1, 1898, c. 541, § 17, 30 Stat. 550 (TJ. S. Comp. St. 1901. p. 3428); McCary v. Mabe, 7 Ala. 356; Roden v. Jacobs, 17 Ala. 347; Oates v. Parish, 47 Ala. 157; Nelson v. Stewart, 54 Ala. 115, 25 Am. Rep. 660. The plaintiff, not being able in this action to get a judgment against the defendant in the circuit court on account of his discharge in bankruptcy, was not entitled under the statute (section 493 of the…
2Cases cited4 opinions
- Hill v. HardingSupreme Court of the United States · 1889
- Oates v. ParishSupreme Court of Alabama · 1872
- Nelson v. StewartSupreme Court of Alabama · 1875
- McCary v. MabeSupreme Court of Alabama · 1845
3Cited by9 opinions
- Vandiver v. American Can Co.Supreme Court of Alabama · 1914
- Pocahontas Graphite Co. v. Minerals Separation North American Corp.Supreme Court of Alabama · 1926
- Standard Sanitary Manufacturing Co. v. Benson Hardware Co.Supreme Court of Alabama · 1934
- Brown, Webb & Co. v. Southern Woodenware Co.Supreme Court of Alabama · 1923
- Chewning v. KnightAlabama Court of Appeals · 1918
4 more not listed; retrieve them via the Exa API.