Adams v. Buckner

Opinion by

Judge Hargis:

The petition of appellants contains every allegation required by the statute of 1856, to constitute a 'cause of action against the appellees. And in order to avoid the action the appellees aver that the debtor, Buckner, had become an involuntary bankrupt on the petition of appellants and others; that they had proven the claim sued for in the bankrupt proceedings against Buckner; that the appellants, therefore, could not maintain their action, and the state court had no jurisdiction. The appellants, after their demurrer was overruled, replied and admitted the averments…