DAVISON-PAXON CO. v. CALDWELL

No. 9645.

115 F.2d 189 (1940)

DAVISON-PAXON CO. v. CALDWELL.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1941.


Attorney(s) appearing for the Case

Houston White, of Atlanta, Ga., for appellant.

John D. Allen and R. B. Pullen, both of Atlanta, Ga., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was to enjoin the enforcement by garnishment against plaintiff of a state court judgment for debt. It was brought in the bankruptcy court on the ground that the debt had been discharged in bankruptcy, and because of the settled but erroneous state of the decisions in Georgia,1 plaintiff had been compelled to invoke the jurisdiction of the bankruptcy court.2 The defendant ...

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