Hennessee v. Mills
Hennessee v. Mills
Opinion of the Court
delivered the opinion of the Court.
Hennessee sued Mills before a Justice of the Peace of Davidson County. The case went to the Circuit
The replication alleges that the defendant was, and for six months preceding the filing of the petition in bankruptcy in the Southern District of Ohio, and for a long time previous thereto, had been a citizen of the State of Tennessee, and that defendant did not reside in the said Southern District of Ohio six months, or the greater portion of six months next preceding the filing his petition, to wit: September 14, 1867, nor did he carry on business there, but was, in fact, a citizen of Tennessee, and carrying on business in the State of Tennessee, and, therefore, it is claimed said discharge is void.
The question presented is, whether the effect of a discharge in bankruptcy is void on the facts alleged.
Section 11 of Bankrupt Act of 1867 provides, in substance, that a party seeking the benefit of the act “shall apply by petition addressed to the Judge of the judicial district in which such debtor has resided or carried on business for the six months next preceding the time of filing such petition, or for the longest period during such six months, setting forth his place of business,” etc. This section clearly defines the court in which the jurisdiction shall reside to adjudicate the
As to the other question presented, seeking to defeat the effect of the discharge by the allegation of fraudulent failure to render a complete schedule of property of petitioner, we need only say, that if the Court had jurisdiction to grant the discharge, the creditor being a party to „the proceedings, could not set up such failure in a State Court to defeat the effect of the judgment of the Courts of the United States, they having exclusive jurisdiction over the question of bankruptcy. We considered this question fully at 'Knoxville at last term, and need not go into any elaborate review of it now. Suffice it to say, that if a discharge could be so attacked, and its effect defeated in a State Court, it might be that the State Court would hold it invalid, in one
Reference
- Full Case Name
- John Hennessee v. Wm. Mills
- Status
- Published