Coffee v. Ball, Hutchins & Co.

Citations

• 49 Tex. 16

Syllabus

<p>1. Bankruptcy—Abatement.—A suit instituted in a State court against a debtor, and in which service has been obtained, does not necessarily abate for want of jurisdiction in the State court, when' the debtor is afterwards adjudged a bankrupt on a petition filed after the jurisdiction of the State court attached. Nor, under such circumstances, will the suit necessarily abate on the proving up of the claim by the' creditor, or by his discharge in bankruptcy.</p> <p>2. Practice.—A State court in which a suit is brought will take no notice of proceedings in bankruptcy in a Federal court, unless it is presented in such way as to invoke judicial action.</p> <p>3. Abatement—Bankruptcy.—One against whom, a judgment by default has been rendered in a State court, after his discharge in bankruptcy, and in a suit instituted before proceedings in bankruptcy were begun, cannot obtain relief against the judgment in a subsequent proceeding, unless he alleges and proves some valid defense, legal or equitable, and shows that there was some mistake, accident, trust, or fraud, by which he was prevented from making his defense at the proper time;</p>