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HILL v. SMITH

No. 164.

260 U.S. 592 (1923)

HILL ET AL., EXECUTORS OF HILL, v. SMITH.

Supreme Court of United States.

Decided January 15, 1923.

Attorney(s) appearing for the Case

Mr. George S. Fuller, with whom Mr. Edward E. Blodgett and Mr. Irving F. Carpenter were on the brief, for petitioners.

Mr. Edward F. McClennen, with whom Mr. Allison L. Newton was on the brief, for respondent.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a suit upon a judgment. The defendant, Warren H. Hill, pleaded a discharge in bankruptcy. Subsequently he died and his executors, the petitioners, took his place. There was a trial before a judge without a jury. The plaintiff introduced proof that the judgment was unsatisfied and rested. The defendants proved the discharge and rested. In rebuttal the plaintiff introduced the schedules of creditors in bankruptcy...

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