Gardiner v. Ross

Citations

• 19 S.D. 497
• 104 N.W. 220

Syllabus

<p>1. Where a motion for an order adjudging defendant guilty of contempt for ' failure to comply with an order previously made in supplemental proceedings, requiring him to pay certain money to plaintiff’s attorney, was denied without prejudice, defendant was entitled, on a subsequent motion for an order to show cause, why he should not be punished for contempt for the same reason to present a defense arising after the making of the order in the supplemental proceedings.</p> <p>2. Where, after the making of an order in supplemental proceedings, re- • quiring the payment of-a judgment, it was rendered void by a discharge of the judgment debtor in bankruptcy, he was entitled to move to set aside the order, and his liability was uot res judicata by reason of the fact that the order in the supplemental proceedings was not appealed from'.</p> <p>3. Under Bankr. Act July 1, 1898, c. 511, § 67f, 30 Stal. 565 [U. S. Comp. St. 1901, p. 3450], providing that all levies, judgments, attachments and other liens obtained within four months prior to the filing of a petition in bankruptcy shall bo deemed void, etc., an order issued in supplemental proceedings less than four months before the filing of the petition, and requiring the bankrupt to pay a certain judgment, is rendered void-by the discharge.</p> <p>4. Bankr. Act July 1, 1898, c. 541, § 67f, 30 Slat. 565 [ü. S. Comp. St. 1901, p.. 3450], providing that all levies, judgments, attachments, or other liens obtained within four months prior to the filing of a petition in bankruptcy shall be void in case the party is adjudged a bankrupt, applies to voluntary as well as involuntary bankruptcy.</p>