Williams v. Atkinson & Chappell

Citations

• 36 Tex. 16

Syllabus

<p>Action upon open account instituted January. 3d, 1868, by attachment. Pendente lite, defendants were adjudged bankrupts and received their discharges, which they pleaded in bar. Plaintiffs demurred to the plea, and the court below sustained the demurrer and rendered judgment against the defendants, notwithstanding their discharge in bankruptcy. Held to be error. A plea of discharge in bankruptcy is a good plea in bar to an action commenced in our State courts by attachment, even though the suit by attachment was commenced more than four months previous to the adjudication in bankruptcy. The remedy of the plaintiffs in attachment is in the United States court under the bankrupt law.</p>