Falkner v. Hunt
N.J. Falkner v. Samuel R. Hunt and Others.
Falkner v. Hunt, 76 N.C. 202 (1877)
Headnotes
Where the Court below allowed a defendant to plead his discharge m bankruptcy at Fall Term, 1875, which discharge was granted Hay 21st, 1869 ; Held not to be error.
Summary
' 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. 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,
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Reads, J.
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.
' There is no error.
PeR Curiam. Judgment affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.