Mims v. Swartz
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The main facts of the case are indicated in the opinion of the court. The account sued on was originally contracted with the firm of Swartz, Lister & Co., who, on dissolution, transferred it to E. Swartz, one of the firm. He afterwards became a voluntary bankrupt; and at his assignee’s sale of the assets H. Swartz purchased the accounts, including the one sued on.
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Appeal from Harrison. Tried below before the Hon. J. B. Williamson. The main facts of the case are indicated in the opinion of the court. The account sued on was originally contracted with the firm of Swartz, Lister & Co., who, on dissolution, transferred it to E. Swartz, one of the firm. He afterwards became a voluntary bankrupt; and at his assignee’s sale of the assets H. Swartz purchased the accounts, including the one sued on. The suit was originally brought in the names of Swartz, Lister & Co.; and the defendants, Mims & Wood, pleaded in abatement that • Lister and Bains had transferred…
1Opinion of the CourtWalker, J.
The State courts are bound to take judicial notice of the existence of the Federal courts; it is also supposed that they will know something of the laws of Congress, though not generally called on to administer them. We know officially that there was a General Bankrupt Law passed on the 2d of March, 1867.
*14This law provides for the office of assignee in every case of bankruptcy, and the acts of such officer cannot be collaterally impeached in the State courts. There was no error in the judgment of the court admitting in evidence the assignee’s bill of sale, to prove the transfer of the account…
2Cases cited1 opinion
- Devine v. MartinTexas Supreme Court · 1855
3Cited by9 opinions
- Curdy v. StaffordTexas Supreme Court · 1895
- Lyon Van Lines, Inc. v. OgdenCourt of Appeals of Texas · 1973
- Howard v. KopperlTexas Supreme Court · 1887
- State ex rel. Schumacher v. GramelspacherIndiana Supreme Court · 1891
- Deen v. DeenCourt of Appeals of Texas · 1982
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