Park v. Casey

Citations

• 35 Tex. 536

Syllabus

<p>1. When a discharge in bankruptcy had not been pleaded by defendants to a suit on a note, it was not error to overrule their motion for a new trial, sought by them for the purpose of pleading their discharge. The plea is not a privileged one, and it seems that even a default will not be opened in order to admit it. (The case of Manwarring v. Kouns, ante 171, cited with approval.)</p> <p>2. A mere oral suggestion to the court that the defendants had been discharged in bankruptcy imposed on the court no obligation to take cognizance of that fact. They should have pleaded their discharge formally.</p> <p>3. Injunction is the proper remedy against a judgment obtained by any trick or contrivance to avoid the effect of a discharge in bankruptcy.</p>