Crouse v. Whittlesey
New York Supreme Court
Appeal from special term, Onondaga county. Motion by Walter Whittlesey, a judgment debtor, to procure the judgment to be discharged of record, on the ground that he had been discharged in bankruptcy from the payment thereof.
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Appeal from special term, Onondaga county. Motion by Walter Whittlesey, a judgment debtor, to procure the judgment to be discharged of record, on the ground that he had been discharged in bankruptcy from the payment thereof. A discharge in bankruptcy had been granted, which, if valid, was sufficient to discharge the judgment and entitle the movant to the relief asked, but the judgment creditors claimed that the ■discharge was invalid because of want of jurisdiction in the court which granted it, and for fraud in procuring it. The motion was made under Code Civil Proc. H. Y. § 1268, which…
1Opinion of the CourtWilliams, J.
It is provided by Rev. St. U. S. § 5119, that “the certificate [of discharge] shall be conclusive evidence in favor of such bankrupt of the fact and regularity of such discharge.” And then provision is made by section 5120 for contesting the validity of the discharge for fraud Within two years, by reason of any of the acts specified in section 5110 as grounds for refusing or invalidating the discharge. It has been held in this state that the remedy given by section 5120 is exclusive in the district court only where the invalidity of the discharge is based on one or more -of the grounds of…
2Cases cited4 opinions
- Poillon v. . LawrenceNew York Court of Appeals · 1879
- Bangs v. StrongCourt for the Trial of Impeachments and Correction of Errors · 1845
- Robens v. SweetNew York Supreme Court · 1888
- Seaman v. McReynoldsThe Superior Court of New York City · 1883