Garner v. Hartsfield Loan & Savings Co.
Garner v. Hartsfield Loan & Savings Co.
Opinion of the Court
1. Where a discharge in bankruptcy is granted pending a suit commenced in a State court, and the State court, subsequently to the discharge, renders a judgment against the bankrupt, and execution thereon is levied on certain property of the bankrupt, the property, although acquired after his discha/i-ge in ba/nkruptey, is subject to the execution, where the defendant (the bankrupt) in the suit in the State court failed to file a plea setting up his discharge in bankruptcy. In order for the bankrupt βto avail himself of his discharge, he should have -pleaded it in the pending suit. Failing to plead it, the subse
2. The controlling facts of the Crawford ease, supra, and of this case are identical, and, under the ruling in' the Crawford case, the court in the instant case properly directed a verdict against the affidavit of illegality filed by the bankrupt.
Judgment affirmed.
Reference
- Full Case Name
- Garner v. Hartsfield Loan and Savings Company
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- 5 cases
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- Published