A Supplement to the Treatise on Insolvent Debtors
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| Hersteller: | Forgotten Books (Bishop, James L.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from A Supplement to the Treatise on Insolvent Debtors: Containing the Statutes Passed and Decisions Rendered Since the Publication of the Second Edition (November, 1884) § 26. How Order Published and Served. - In Billinge v. Pickert, 46 Supra. Ct. (39 Hun), 504; s. c. 1 State R. 70, the order to show cause directed service, personally or by mail, to the creditor, "at his place of business," instead of "at his usual place of residence," and the record showed that service was made by mailing the order to the creditor at his place of business, it was held that the court did not acquire jurisdiction to grant a discharge. It was further held (although the decision on this point appears to be open to doubt) that upon a trial where the discharge was pleaded as a defense, it was not competent to sustain the discharge by proof that personal service of the order was in fact made. See § 43. § 52. Debts Due Non-resident Creditors not Discharged. - A creditor who is a non-resident, and in no way made a party to insolvency proceedings under a State law, is not affected thereby. S alterthwaite v. Abercrombie, 24 Fed. Rep. 543. § 62. Impeaching the Discharge on Motion. - In Robens v. Sweet, 28 Week. Dig. 417, the defendant sought to have an order for his examination in proceedings supplementary to execution set aside for the reason that he had obtained a discharge under the Act. In reply, plaintiff proposed to show by affidavits that the discharge had been fraudulently obtained. It was hold that the validity of the discharge could not be tried collaterally on affidavits. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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