Imlay v. Carpentier

Citations

• 14 Cal. 173

Syllabus

<p>A discharge in insolvency of a debt is equally a discharge of a judgment on that debt and the costs, rendered between the time of filing the petition and schedule and the time of final discharge. The judgment is simply the original debt in a new form.</p> <p>Relief against such judgment may be by motion to discharge it, unless there be suspicion of fraud in the release of the insolvent.</p> <p>Even if fraud be alleged in answer to the motion, the Court can frame issues and try and determine the same with or without a jury. Ho formal action is necessary.</p> <p>Relief, in such case, may also be granted by a perpetual stay of execution, or by setting it aside, or by any other order requisite to protect the rights of the parties.</p> <p>The remedy at law being ample, equity will not aid.</p>