Robinson v. Soule

Citations

• 56 Miss. 549

Syllabus

<p>1. Replevin. Forthcoming bond. Discharge in bankruptcy. Judgment.</p> <p>Where a defendant in an action of replevin has given a bond for the forthcoming of the property, and afterwards, becoming bankrupt, receives his discharge in bankruptcy, judgment may be rendered against him for the restoration of the property, notwithstanding his discharge.</p> <p>2. Same. Fonühaoming bond. Discharge of principal. Effect as to surety.</p> <p>A surety in a forthcoming bond in replevin is not released from the obligations of the bond by the discharge in bankruptcy of his principal.</p> <p>3. Bankruptcy. Composition. Creditor not participating unaffected.</p> <p>A composition between a debtor and his creditors generally, under the bankrupt laws, does not affect a creditor of the bankrupt whose claim was not considered in the composition, and whose name was not mentioned in the proceedings thereof.</p>