Brown v. Causey
Texas Supreme Court
Error from Jasper. Tried below before the Hon. Henry C. Pedigo. This was a suit brought by the plaintiffs in error against the defendant in error i;or a debt due by note for $1,200. The defense set up was discharge in bankruptcy.
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Error from Jasper. Tried below before the Hon. Henry C. Pedigo. This was a suit brought by the plaintiffs in error against the defendant in error i;or a debt due by note for $1,200. The defense set up was discharge in bankruptcy. The plaintiffs replied to this plea, in substance, that no notice of the proceedings in bankruptcy was personally served on either of them, or of any meeting of creditors of defendant to prove their debts and choose an assignee of his estate, nor notice by such personal service of the proceedings of said meeting through the mail or otherwise. They further alleged in…
1Opinion of the Court
Walker, P. J. Com. App.—
Proceedings in bankruptcy, under the bankrupt law lately in force, for the .sake of uniformity were exclusively within the jurisdiction of the United States district court; and the act of congress regulating the same was enforceable alone under federal judicial jurisdiction, and subject exclusively to the interpretation of those courts having cognizance of the subject matter. The discharge from debts which is contemplated by the bankrupt law is of conclusive force and effect until the same shall be impeached and set aside in the mode, and subject to the provisions,…
2Cases cited14 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Dusenbury v. . HoytNew York Court of Appeals · 1873
- Way v. HoweMassachusetts Supreme Judicial Court · 1871
- Black v. BlazoMassachusetts Supreme Judicial Court · 1875
- Beardsley v. HallSupreme Court of Connecticut · 1869
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3Cited by2 opinions
- Fields, Garnishee, and Scott v. RustCourt of Appeals of Texas · 1904
- Squyres v. Rowan & Nichols Oil Co.Court of Appeals of Texas · 1937