Holden v. Sherwood

Citations

• 84 Ill. 92

Syllabus

<p>1. Bankruptcy—stay of suit against bankrupt. As a bankrupt may waive a discharge when sued before his final discharge, if he wishes to stay proceedings untii-the question of his discharge is determined he must plead the proceedings in bankruptcy, or bring them to the knowledge of the court in a proper manner. In suits originating before justices of the peace, this may be done by motion based on a transcript of the proceeding in bankruptcy.</p> <p>2. Same—time of motion for stay of suit. On an appeal from a justice of the peace, a motion by the defendant -to stay the suit on the ground of proceedings in bankruptcy, comes too late after trial and verdict. It should be made before the cause is called for trial.</p> <p>3. Bill of exceptions—on motion to stay proceedings under the Bankrupt Law, If a motion is made under the Bankrupt Law' in apt time to stay a suit until the defendant’s right to a discharge is settled, and is disallowed, the motion, transcript, and all the evidence heard upon the motion, should be embodied in a bill of exceptions, and thus made a part of the record, to authorize this court to review the decision.</p>