Cogburn v. Spence & Elliott
Supreme Court of Alabama
Error to the Circuit Cpurt of Talladega. Before the Hon. Geo. W. Stone. Tuts was an action of trover’, instituted by plaintiffs, against the defendants in error, to recover damages for the conversion of a wagon, four mules and a horse.
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Error to the Circuit Cpurt of Talladega. Before the Hon. Geo. W. Stone. Tuts was an action of trover’, instituted by plaintiffs, against the defendants in error, to recover damages for the conversion of a wagon, four mules and a horse. By the bill of exceptions, it appears that in 1840, Sims, Nolen, and Wesson, recovered a judgment against Cogburn, one of the plaintiffs, and one Conner, upon which an execution issued in 1844, for the use of Elliott, and was, by direction of Elliott, levied by Spence, then sheriff of Talladega county, on the above named property. It further appears, that the…
1Opinion of the CourtDargan, J.
When this cause was first submitted to the court, I was of opinion that the action could be maintained on the evidence contained in the record. Subsequent reflection however, aided by the argument of counsel, has satisfied me that the law is otherwise.
1. The bankrupt act does not intend, nor in any manner undertake to restrain a creditor, who has a cause of action against a bankrupt, from suing him, although the bankrupt may have obtained his final certificate of discharge. It only gives the bankrupt a complete defence against the cause 6f action when sued.
The language of the act, tobe found…
2Cases cited2 opinions
- Mabry v. HerndonSupreme Court of Alabama · 1846
- Day v. SharpSupreme Court of Pennsylvania · 1839
3Cited by8 opinions
- Evans v. CareySupreme Court of Alabama · 1856
- Ewing v. PeckSupreme Court of Alabama · 1850
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857
- Brown v. Branch Bank at MontgomerySupreme Court of Alabama · 1852
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