Alston v. Robinett

Citations

• 37 Tex. 56

Syllabus

<p>1. A bankrupt’s discharge cannot be impeached in a State court for any of the causes which would have prevented the United States District Court from granting the discharge.</p> <p>2. To a suit on a debt provable in bankruptcy the defendant pleaded his discharge in bankruptcy, obtained by him in the United States District Court on his petition filed therein subsequent to the institution of this suit. The plaintiff replied that the discharge was fraudulently obtained by the defendant, because the defendant, previous to and in contemplation of his bankruptcy, and in fraud of his creditors and of his assignee, transferred to his children and concealed certain property which he should have scheduled and surrendered to his assignee, etc. Held, that exceptions were correctly sustained to this replication of the plaintiff. The matters alleged by him to invalidate the discharge were cognizable exclusively in the United States court which had granted the discharge.</p>