Alexander H. Mall & Co. v. Ullrich

N.D. Ohio

Alexander H. Mall & Co. v. Ullrich

37 F. 653

CourtDistrict Court, N.D. Ohio

DecidedDecember 15, 1888

StatusPublished

Cited by4 cases

This text of 37 F. 653 (Alexander H. Mall & Co. v. Ullrich) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander H. Mall & Co. v. Ullrich, 37 F. 653 (N.D. Ohio 1888).

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Opinion

Welker, J.

¡Section 5120 of the Revised Statutes (bankrupt law) provided an absolute bar, where the jiefition ivas not filed within two years from the date of the discharge. The limitation is not in any way controlled by the discovery of the fraud; and the limitation provided by law' in actions by or against assignees in bankruptcy founded upon frauds, and providing that the limitation begins to run from the discovering of the fraud does not apply in this class of proceedings. The demurrer is therefore sustained, and petition dismissed, with costs.

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Welker, J.

¡Section 5120 of the Revised Statutes (bankrupt law) provided an absolute bar, where the jiefition ivas not filed within two years from the date of the discharge. The limitation is not in any way controlled by the discovery of the fraud; and the limitation provided by law' in actions by or against assignees in bankruptcy founded upon frauds, and providing that the limitation begins to run from the discovering of the fraud does not apply in this class of proceedings. The demurrer is therefore sustained, and petition dismissed, with costs.

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Bluebook (online)

37 F. 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-h-mall-co-v-ullrich-ohnd-1888.

Opinion

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