Smith v. Ramsey
Smith v. Ramsey
Opinion of the Court
The sole question in this case is, whether a discharge duly granted under the bankrupt act of Congress, enacted in 1867, when pleaded in bar to an action brought in a state court for prior indebtedness, can be impeached in such state court on the ground that it was obtained by fraud. Both on principle, and authority, this question must be answered in the negative.
The 34th section of the bankrupt law of 1867, contains the following proviso: “ Any creditor or creditors of said
It follows that the Court of Common Pleas erred in overruling the demurrer to the replication of the plaintiff bemw ; in admitting evidence in support of the replication, .and in its charge to the jury.
Judgment of District Court and of Common Pleas reversed, •and cause remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.