(DOWNLOAD) "Donnelly v. Montague" by Supreme Court of Minnesota " eBook PDF Kindle ePub Free

February 10, 2021

eBook details

Title: Donnelly v. Montague
Author : Supreme Court of Minnesota
Release Date : January 04, 1940
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

LUMMUS, Justice. This is a supplementary proceeding after a judgment for the plaintiff in a civil action upon a promissory note made by the defendant. It is brought under G.L.(Ter.Ed.) c. 224, 14-17, which were introduced into our law by St.1927, c. 334. While this proceeding for the examination of the judgment debtor as to his property and ability to pay the judgment was pending in the District Court, he filed a voluntary petition in bankruptcy and obtained a discharge. He then moved that this proceeding be dismissed, because the judgment upon which it was founded had been discharged in bankruptcy. The judgment creditor contended that the judgment was of a kind that was not so discharged. The Judge ruled that a dismissal of this proceeding was required as matter of law. The Appellate Division dismissed a report to it on the ground that it had no jurisdiction. The judgment creditor claimed an appeal to this court under G.L.(Ter.Ed.) c. 231, 109.