Hickman v. Livingston

Nichols, Presiding Judge.

Under the allegations of the plaintiff’s petition the defendant first filed suit, the plaintiff then filed a bankruptcy petition, and thereafter the defendant obtained a judgment in its suit and sought to collect judgment by a garnishment proceeding. The petition alleges that the defendant had notice of the bankruptcy proceedings but nowhere is it alleged that the defendant sought to have the proceedings on the defendant’s action against the plaintiff stayed, and it is alleged that such judgment against the plaintiff was a default judgment.

In Aiken v. Bank of Ga., 101…