Woodcock v. Perkins Lumber Co.
Court of Appeals of Georgia
Action for damages; from city court of Reidsville — Judge Collins. June 7, 1915. On November 14, 1911, the Perkins Lumber Company was sued for damages on account of the killing of the plaintiff’s husband by reason of the negligence of the defendant, in the running of a passenger-train on a railroad operated by the defendant, while he was a passenger thereon.
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Action for damages; from city court of Reidsville — Judge Collins. June 7, 1915. On November 14, 1911, the Perkins Lumber Company was sued for damages on account of the killing of the plaintiff’s husband by reason of the negligence of the defendant, in the running of a passenger-train on a railroad operated by the defendant, while he was a passenger thereon. The defendant filed a plea of discharge in bankruptcy, as follows: “1. That on May 24, 1912, this defendant was adjudged a bankrupt within the meaning and intent of the laws of Congress relating to bankruptcy, . . and within the time…
1Opinion of the CourtBroyles, J.
This case, by agreement of counsel, was submitted to the trial judge without the intervention of a jury. Under the agreed statement of facts and the admissions made therein by the plaintiff, we can not say that the court erred in overruling the plaintiff’s demurrer to the defendant’s plea in bar, setting up his discharge in bankruptcy, or in thereafter sustaining the plea of discharge and entering up final judgment in favor of the defendant. Judgment affirmed.
The demurrer to the plea is on the grounds, that it “sets up no defense to said suit, for the reason that the suit is one for damages…
2Cases cited26 opinions
- Wetmore v. MarkoeSupreme Court of the United States · 1904
- Audubon v. ShufeldtSupreme Court of the United States · 1901
- Dunbar v. DunbarSupreme Court of the United States · 1903
- Boynton v. BallSupreme Court of the United States · 1887
- Sibley v. NasonMassachusetts Supreme Judicial Court · 1907
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