HUFF v. PORTER

34857.

89 Ga. App. 345 (1953)

79 S.E.2d 334

HUFF, Executrix, v. PORTER.

Court of Appeals of Georgia.

Decided December 2, 1953.


Attorney(s) appearing for the Case

O. J. Tolnas, for plaintiff in error.

Abit Nix, Vane G. Hawkins, contra.


SUTTON, C. J.

"A prima facie defense to a suit against a bankrupt on a debt existing at the time of filing the petition in bankruptcy is made out by the introduction in evidence of the order of discharge in bankruptcy, the burden being then cast upon the plaintiff to show that because of the nature of the claim, failure to give notice, or other statutory reason, the debt sued upon was by law excepted from the operation of the discharge. Kreitlein v. Ferger...

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