NORTON V. SWITZER, 93 U. S. 355 (1876)

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U.S. Supreme Court

Norton v. Switzer, 93 U.S. 355 (1876)

Norton v. Switzer

93 U.S. 355


1. A suit pending against a party at the time he is adjudged a bankrupt may, after due notice to his assignee, be prosecuted to final judgment against the latter in his representative capacity where he makes no objection to the jurisdiction and the bankrupt court does not arrest the proceedings.

2. Such judgment may be filed with the assignee as an ascertainment of the amount due to the creditor by the bankrupt and as a basis of dividends, but it is effectual and operative for that purpose only.

Switzer brought suit against Mary Hein and John Hein in the Second Judicial District Court for the Parish of Jefferson which, by consent of parties, was transferred to the Fifth District Court of the Parish of Orleans. During its pendency, he suggested that since the institution thereof, the defendants had taken the benefit of the bankrupt law, and that Emory E. Norton had been appointed and qualified as their assignee. The court ordered that the latter, in his capacity as such assignee, be made a party to the suit in their place and stead. Process was personally served upon him, but he failed to appear. The cause coming on for trial, judgment was rendered in favor of

Page 93 U. S. 356

Switzer against Norton, said assignee. The latter appealed to the supreme court of the state, and the judgment having been there affirmed, he sued out this writ of error.

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