Nebraska Reports Volume 17

Nebraska Reports Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... his costs herein. Above stipulation and judgment to be without prejudice to the rights if Asa S. Edgerly against said defendant Gregory and others interested with him, and cause to proceed on cross-petition of said Gregory." The court thereupon rendered judgment on the stipulation canceling the lien of the judgment and ordering the mme to be discharged and satisfied of record, so far as McMurtry was affected. Gregory thereupon filed a motion alleging that Edgerly had voluntarily released McMurtry and asking to be discharged from liability on said jltdgment. The motion was overruled. The court afterwards rendered judgment against Gregory for the sum of $605.79, with interest from October 4th, 1876, at 10 per cent. It will be observed that this is an act-ion by McMurtry against his joint obligors and the creditor to have the lien of a judgment discharged and the judgment canceled as to him upon the ground that he had been discharged in bankruptcy from the obligation. As this discharge is denied, the burden of proof is upon him to establish it. A stipulation of his attorney with the attorney of the creditor that he was so discharged, while sufficient perhaps to prove that factas between them, was no proof as against Gregory or Young. They cannot be bound by agreements to which they are not parties. And as the stipulation in question was the only evidence before the court when it discharged McMurtry, the answer of Gregory being on file denying that McMurtry was discharged from the payment of his debt, the court erred in rendering judgment discharging McMurtry. 2. The court also erred in rendering judgment against Gregory. The burden of proof was upon McMurtry to show that the debt in question was not one of those excepted from the...show more

Product details

  • Paperback | 232 pages
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236885856
  • 9781236885852