Hill v. Harding

Citations

• 116 Ill. 92
• 4 N.E. 361

Syllabus

<p>1. Bankruptcy—proceeding in State court pending application in bankruptcy—judgment after discharge. Where, after verdict and before judgment, in a cause pending in a State court, the defendant files his petition in bankruptcy, the court in which the prior action is pending, on the filing of a certificate of his having been adjudged a bankrupt, on motion of defendant, should stay further proceedings until the bankrupt court passes upon his discharge, and on the discharge being shown, render judgment on the verdict against the defendant, with a perpetual stay of execution.</p> <p>2. And where a judgment of the circuit court is reversed for error, in refusing a motion to stay further proceedings, after verdict rendered, until the question of the defendant’s discharge in bankruptcy shall be decided, and remanded with direction to enter a special judgment on the verdict if it shall appear to the satisfaction of the court the defendant had been discharged by the bankrupt court with a perpetual stay of execution, there will be no issue of fact to try, and it is not error to refuse leave to the defendant to file a plea of his discharge. His discharge may be shown without any plea of that fact.</p> <p>3. Evidence—as to fact not disputed. Where a defendant’s discharge in bankruptcy is not disputed, it matters not whether a copy of such discharge given in evidence is properly certified or not.</p> <p>4. Practice—reversal as to matters occurring after verdict—effect on the verdict itself. The reversal of the judgment of the trial court for error in refusing a motion of defendant made after verdict, finding the issues for the plaintiff and assessing the damages, will not affect the verdict itself, the error having occurred after the rendering of it. The correction of the error will leave the verdict standing, and the proper judgment may thereafter be entered upon it.</p>