Hill v. Harding
107 U.S. 631 (1883)

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U.S. Supreme Court

Hill v. Harding, 107 U.S. 631 (1883)

Hill v. Harding

Decided March 19, 1883

107 U.S. 631

Syllabus

A state court in which an action against a bankrupt upon a debt provable in bankruptcy is pending must, on his application under sec. 6106 of the Revised Statutes, stay all proceedings to await the determination of the court in bankruptcy on the question of his discharge unless unreasonable delay on his part in endeavoring to obtain his discharge is shown or the court in bankruptcy gives leave to proceed to judgment for the purpose of ascertaining the amount due, even if an attachment has been sued out in the action more than four months before the commencement of the proceedings in bankruptcy and has been dissolved by giving bond with sureties to pay the amount of the judgment which might be recovered. And if the highest court of the state denies the application, and renders final judgment against the bankrupt, he may, although he has since obtained his certificate of discharge, bring a writ of error, and his assignee may be heard here in support of the writ.

The case is stated in the opinion of the Court.

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