Pratt v. Babcock

10 Paige Ch. 295

Opinion

The Chancellor

said that where a defendant was a proper party, as one of the judgment debtors, at the time of the filing of the bill, and had subsequently been discharged, it was a matter of course to permit the complainant to dismiss his bill as to sucb pai'ty, if the application was made within a reasonable time after the complainant had notice of the discharge under the bankrupt act; unless the defendant would stipulate to waive the benefit of his discharge.

Order accordingly.