Falkner v. . Hunt

Decided January 5, 1877

Supreme Court of North Carolina · decided 1877-01-05

' Pleading — Discharge in Bankruptcy. MotioN in the canse heard at Eall Term, 1876, of Gran-ville Superior Court, before Watts, J. The defenclaut Samuel R. Hunt was adjudged a bankrupt in 1868 and on the 21st May, 1869, obtained his discharge in bankruptcy. At Fall Term, 1875, of said Court he moved that he be allowed to plead his discharge, which motion was continued from term to term and heard at Eall Term, 1876.

Cited by 2 later decisions — most recently February 1914

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1877-01-05

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Reads, J.

¶1 His Honor certainly had the power to allow the plea of bankruptcy to be put in. And there is nothing to show, and it certainly is not to be presumed that he exercised an arbitrary or capricious discretion. '

¶2 There is no error.

¶3 PeR Curiam. Judgment affirmed.

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Case posture

Posture: MOTION in the cause heard at Fall Term, 1876, of GRANVILLE Superior Court, before Watts, J . The defendant Samuel R. Hunt was adjudged a bankrupt in 1868 and on the 21st May, 1869, obtained his discharge in bankruptcy. At Fall Term, 1875, of said Court he moved that he be allowed to plead his discharge, which motion was continued from term to term and heard at Fall Term, 1876. The plaintiff opposed the motion upon the ground that the same was not made in apt time and that the Court had no power after such a lapse of time to allow the motion. His Honor granted leave to file said plea from which order the plaintiff appealed.

Source: CourtListener

Court

Supreme Court of North Carolina