Boynton v. Ball

Citations

• 105 Ill. 627
• 1883 Ill. LEXIS 129

Syllabus

<p>1. Bankruptcy—stay of suit until discharge. An.alleged bankrupt, under the act of 1867, might, on application, have procured a stay of any suit pending against him, to await the determination of the proceeding in bankruptcy, and on obtaining his discharge he might have pleaded the same in bar of the action. If he should fail to avail of this remedy, and suffer judgment to go against him pending the proceedings in bankruptcy, he will not be discharged from the same by subsequently obtaining his discharge in bankruptcy.</p> <p>2. Same—judgment after adjudication, becomes a new debt. A judgment obtained against one after he is adjudged a bankrupt, creates a new debt, which can not be proved in bankruptcy, because the judgment is a merger; and the creditor can not interpose to prevent the discharge, because he has no provable debt, and because the discharge will be no bar to his judgment.</p> <p>3. Same—staying judgment. Where a defendant, pending an action against him in the State court, makes his application in bankruptcy, and is adjudged a bankrupt in the United States District Court, after which, and before his discharge, he -voluntarily goes to trial in the State court, and judgment is therein rendered against him, he will not be entitled, after his discharge in bankruptcy, to have an order entered in the State court for a perpetual stay of proceedings under the judgment. By suffering such judgment to be rendered he waives his right to be discharged therefrom.</p> <p>4. Merger—in judgment or decree. Every cause of action, when a recovery is had thereon, is merged in the judgment or decree, which thereafter represents the rights of the parties.</p>