Hargroves v. Cloud
Supreme Court of Alabama
Writ ofErrortothe Circuit Court of Russell. The defendant in error suggested to the County Court ofRus-sell, that on the 12th December, 1840, he became the surety of the plaintiff in a promissory note for the payment of $250, to David Golightly; that at the August term of that Court, holden in 1842, Wm.
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Writ ofErrortothe Circuit Court of Russell. The defendant in error suggested to the County Court ofRus-sell, that on the 12th December, 1840, he became the surety of the plaintiff in a promissory note for the payment of $250, to David Golightly; that at the August term of that Court, holden in 1842, Wm. S- Chipley, as the administrator of the payee, recovered a judgment on the note against the plaintiff below, for the sum of $263 87. On the 5th of December, 1843, the plaintiff paid off and satisfied the judgment thus recovered ; and thereupon he moved the Court for judgment against the…
1Opinion of the CourtCollier, C. J.
A discharge and certificate duly granted to a bankrupt, under the act of Congress of 1841, for the establishment of a uniform system of bankruptcy, shall, in all courts of justice, be deemed a full and complete discharge of all debts, contracts and other engagements of such bankrupt, which are proveable under the act, and shall be and may be pleaded as a full and complete bar to all suits brought in any court ol judicature whatever, and the same shall be conclusive evidence of itself in favor of such bankrupt, unless the same shall be impeached for some fraud or wilful concealment, by him, of…
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