Herd v. Maloney

The predicate for the declaration in this cause was a final judgment secured in the State of New York. To this declaration there was a plea of discharge in bankruptcy and to that plea there was a demurrer raising the question that the judgment sued on was for a claim expressly excepted from the effect of a discharge in bankruptcy. The court sustained the demurrer to the plea and allowed defendant ten days to plead over. At the expiration of the ten days the court on plaintiff’s motion entered a default against defendant for failure to plead and thereupon entered final judgment for the…