Opinion · Supreme Court of North Carolina

Bell v. . Cunningham

81 N.C. 83

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1879-06-05
Topic
bankruptcy

*84 Smith, C. C. The plaintiff at fall term, 1870, of Macon superior court, recovered judgment against the defendant, and the same having become dormant, after notice and upon oath that no part of the debt had been paid, moved before the cleric for leave to issue execution thereon. The defend- ■ ant in answer filed his affidavit in which he states that on the 2d day of December, 1867, he instituted proceedings in the proper bankrupt court, and in September, 1869, obtained a decree of discharge from his debts ; that the plaintiff did not prove his debt against the estate, and that the defendant has never, since he was declared a bankrupt, assumed or made himself liable for the debt. To this the plaintiff replies on oath that the defendant failed to set up the discharge as a defence to the plaintiff’s action, and since filing his petition has repeatedly promised to pay the debt.

Citator

UpLaw has not yet analyzed Bell v. . Cunningham. The absence of a flag is not a finding that it is good law.

Cited by
11 opinions