67 So. 299 | Ala. | 1914
On the 28th day of June, 1912, the plaintiff, the American Can Company, obtained a judgment in the circuit court of Montgomery county against Henry F. Vandiver and J. G. Musgrove, “late partners doing business under the firm name of Vandiver Planting & Canning Company.” On the 26th day .of July, 1912, the defendant Henry F. Vandiver took an appeal from said judgment to this court. In' taking the appeal he superseded the judgment of the circuit court by giving a supersedeas bond with two solvent sureties on said bond. The case was submitted in this court for the judgment of this court on said appeal, on December 19, 1912.
1. It appears, from certain applications which have been made to this court to set aside the above submission, that on the 1.9th. day of September, 1912 — after the appeal had been taken to this court and before the submission of the cause in this court — an involuntary petition in bankruptcy was filed in the federal court against the said Henry F. Vandiver, and that on the 10th day of October, 1912, the said Vandiver was adjudicated a bankrupt, and George Stuart was elected trustee in bankruptcy in said proceedings. On the 28th day of December, 1912 — after this case had been submitted on the appeal taken to this court — Henry F. Vandiver filed in the said bankruptcy proceeding a petition for his discharge.
3. The schedules in the above bankruptcy proceedings show the above judgment as a debt against both. Vandiver and.Musgrove, and the said American Can Company has received a dividend out of the estate of the said Vandiver as a bankrupt.
'4. We learn the above facts with reference to- the-bankruptcy proceedings against Vandiver and Mus-grove from the applications which have, since this case was submitted on this appeal for the judgment of this court, been filed in this court, wherein we are asked to set aside the submission and permit the bankruptcy proceedings to be shown to this court. There are also-in our hands certain papers telling us that, since this application to set aside this submission was made, both Vandiver and Musgrove have received their discharges-in their respective bankruptcy proceedings, but not until after this case had been here finally submitted was this court in any way informed of the bankruptcy proceedings. We presume that this application to set aside this submission is really dictated by a desire to save the sureties upon, the supersedeas bond of Henry F. Vandiver.
6. In addition to the above, it is not made to appear that it matters to„ the estate of the bankrupt whether this submission is or is not • set aside. The worst thing that can happen to the estate of the bankrupt at the hands of this court is the affirmance of the judgment.
As -we understand these applications, the judgment is being treated by the trustee as a valid debt against the estates of the bankrupts, and the only persons real
The aibove is plainly the law and is supported by the following other authorities: Boudinot v. Winter, 190 Ill. 394, 60 N. E. 553; Veiths v. Hagge, 8 Iowa, 163; 3 Wigmore on Ev. § 2118.
The trial court committed no error in refusing to allow the above entries on the ledger sheet to go. to the jury. They had, under the pleadings, nothing to- do with this case. The ledger sheet itself showed this. They simply contained an insidious suggestion of a pending settlement of the litigation, and could háve had no- legal effect upon the case.
The judgment of'the court below is affirmed.
Affirmed.