¶1The provisions of the bankrupt act for a stay af proceedings apply only to suits brought against the bankrupt, and upon debts provable in bankruptcy. U. S. Rev. Sts. §§ 5105 5106. The possibility that a plaintiff may be charged with costa in an action pending at the time of his bankruptcy is not a provable debt, nor a debt in any sense, until the judgment is rendered, and would not be barred by a certificate of discharge. U. S. Rev. Sts. §§ 5067-5072, 5119. Bridges v. Armour, 5 How. 91. Pelham v. Aldrich, 8 Gray, 515. Exceptions overruled.
122 Mass. 440
Dows v. Griswold
Massachusetts Supreme Judicial Court
Decided April 10, 1877
Massachusetts Supreme Judicial Court · decided 1877-04-10
Contract. Trial in the Superior Court, before Pitman, J,, who allowed a bill of exceptions in substance as follows: On January 20, 1876, a verdict was found for the defendant. On January 25, 1876, the plaintiff Dows, on a petition of his creditors, was adjudged a bankrupt in the District Court of the United States for the District of Massachusetts. On February 2, 1876, Dows suggested his bankruptcy, and prayed for a stay of proceedings.
Cited by 1 later decisions — most recently April 1990
Relies on Henry Bridges v. William Armour
Good law ✅— No negative treatment on recordhow we know
Decided 1877-04-10
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