Kener v. La Grange Mills

Supreme Court of Georgia

Kener v. La Grange Mills

70 S.E. 245, 135 Ga. 730, 1911 Ga. LEXIS 64

Supreme Court of Georgia·Decided February 17, 1911·Published·Cited by 1 cases

Opinion

Fish, C. J.

An exemption in bankruptcy, made under tlie constitution of< 1868, is subject to a judgment founded on/ a debt contracted prior to the adoption of spell constitution. The proceedings in bankruptcy d'o not affect the creditor, he not having proved his debt nor otherwise submitted his claim to the bankrupt court. Hiley v. Bridges, 60 Ga. 375; Shipp v. Smith, 76 Ga. 1; Dozier v. McWhorter, 113 Ga. 584 (39 S. E. 106).

(a) Applying the ruling above announced1 to the facts as agreed upon in the present case, the court did not err in rendering the judgment of which complaint is made. Judgment affirmed.

All the Justices concur,

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Fish, C. J.

An exemption in bankruptcy, made under tlie constitution of< 1868, is subject to a judgment founded on/ a debt contracted prior to the adoption of spell constitution. The proceedings in bankruptcy d'o not affect the creditor, he not having proved his debt nor otherwise submitted his claim to the bankrupt court. Hiley v. Bridges, 60 Ga. 375; Shipp v. Smith, 76 Ga. 1; Dozier v. McWhorter, 113 Ga. 584 (39 S. E. 106).

(a) Applying the ruling above announced1 to the facts as agreed upon in the present case, the court did not err in rendering the judgment of which complaint is made. Judgment affirmed.

All the Justices concur,

Kener v. La Grange Mills, 70 S.E. 245, 135 Ga. 730, 1911 Ga. LEXIS 64 (Ga. 1911).

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Opinion

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