43 So. 488 | Ala. | 1907
The plea of discharge in bankruptcy, the truth of which was admitted by the demurrer and replication, was a complete defense in bar to a. judgment against the defendant — Bankr. Act .July 1, 1898, c. 541, § 17, 30 Stat. 550 (TJ. S. Comp. St. 1901. p. 3428); McCary v. Mabe, 7 Ala. 356; Roden v. Jacobs, 17 Ala. 347; Oates v. Parish, 47 Ala. 157; Nelson v. Stewart, 54 Ala. 115, 25 Am. Rep. 660. The plaintiff, not being able in this action to get a judgment against the defendant in the circuit court on account of his discharge in bankruptcy, was not entitled under the statute (section 493 of the Code of 1896) to a judgment: against the sureties upon the appeal bond, as said section authorizes judgment against them in case the judgment appealed from is affirmed.
We do not think the rule countenanced in the case of Hill v. Harding, 130 U. S. 699, 9 Sup. Ct. 725, 32 L. Ed. 1083, has any application to the case at bar. In that
The judgment of the circuit court is affirmed.