¶1I answer the question certified in the negative, and agree to the conclusion reached by the learned judge of the Massachusetts district. In re Kingsley [Case No. 7,S19]. The rule that no debt may be proved in bankruptcy on which an action could not be maintained against the bankrupt in the state where the petition is filed, in case bankruptcy proceedings were not instituted, commends itself to my judgment The statute of Minnesota provides that an action could "only be commenced'’ to enforce the debt referred to in the question *958certified within six years. The construction by the supreme court of the state of this statute is, that the bar is complete and the statute need not be pleaded. The fact that it appears upon the face of a complaint that the cause of action is barred by statute, is good ground for demurrer, and for reversal of a judgment upon a writ of error. 11 Minn. 320 [Gil. 224].
7 F. Cas. 957
In re Doty
Decided August 22, 1877
Minnesota District Court · decided 1877-08-22
I. Henry C. Butler, one of the registers of said court in bankruptcy, do hereby certify that, in the course of the proceedings in said cause before me. the following question arose pertinent to said proceedings, and was ■ stated and agreed to by the counsel for the opposing parties, to wit: Messrs. Start & Gove, who appeared for the assignee of the bankrupt [A J. Doty], and opposed the allowance of the claim hereinafter described, and Messrs.
Relies on Kennedy v. Williams
Decided 1877-08-22