¶1I dissent entirely from the rule laid down in Re Williams [Case No. 17,705], and fully concur in' the decision in Re Brown [Id. 1,975]. The debt in the case reported by Register Bums existed at the time of the adjudication of bankruptcy, *1174and if it has never been paid or satisfied may be proved in bankruptcy. The fact that judgment has been rendered for the debt, is neither payment or satisfaction thereof in any sense which prevents proof of the debt in bankruptcy. It is not the judgment, but the debt as it existed on the 5th day of January, the day ot the adjudication, that is provable.
28 F. Cas. 1173
In re Vickery
U.S. District Court
Decided April 27, 1870
U.S. District Court · decided 1870-04-27
I, J. Davidson Burns, one of the registers of said court in bankruptcy, do hereby- certify that in the course of the proceedings in said cause before me, Latham Hull, a judgxhent creditor of the said bankrupt. [Jonathan W. Vickery], applied for leave to prove his judgment under the proceedings in bankruptcy, and produced a transcript from the docket of a justice of the peace, showing that on the 31st day of December, A. D. 1869, he, the said Hull, commenced suit against the…
Decided 1870-04-27