Calvert v. . Peebles
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1878, of NORTHAMPTON Superior Court, before ÍSeymour, J. The plaintiff and others had become sureties on a guardian bond of the defendant, taken by the late county court of Northampton, on the 6th of March, 1866. Suit was brought on said bond against the defendant as principal and the plaintiff and others as sureties, and. a large recovery had.
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Civil Action tried at Spring Term, 1878, of NORTHAMPTON Superior Court, before ÍSeymour, J. The plaintiff and others had become sureties on a guardian bond of the defendant, taken by the late county court of Northampton, on the 6th of March, 1866. Suit was brought on said bond against the defendant as principal and the plaintiff and others as sureties, and. a large recovery had. Execution was issued on 'the judgment rendered in the case and about $8,600 collected from the plaintiff, who brings this action to recover the amount so paid by him to the use of the defendant. The'cause was…
1Opinion of the CourtAshe, J.
(After stating the facts.) The defendant insists there was error in the court below in rendering the judgment whilst his proceeding in bankruptcy was depending; that having suggested his bankruptcy on the record, the court was restrained by the 21st section of the bankrupt act from proceeding with the case, and the stay provided for in that section of the act should have been continued until the question of his discharge should be determined; that this was a provable debt, and this amount was not in dispute, and is such an action as comes within the purview of that section.
It is true that…
2Cited by7 opinions
- First-Citizens Bank & Trust Co. v. ParkerSupreme Court of North Carolina · 1945
- Calvert v. . PeeblesSupreme Court of North Carolina · 1880
- Jones v. MathisSupreme Court of North Carolina · 1961
- Madison Township v. DunkleIndiana Supreme Court · 1888
- Brooks v. BatesSupreme Court of Colorado · 1884
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