Turner v. McIlhany
TURNER v. McILHANY
- Area
- civil
- Panel
- William J. Murray, Jr. (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Murray
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
The Court below erred in admitting the decree in insolvency in evidence. It purports upon its face to have been made at Chambers in a different county from the one in which the proceeding was instituted. A discharge under the Insolvent Act is not a mere Chamber order, but the judgment of a Court, and should have been made in the county where the proceeding was instituted, unless changed to another by order of Court.
This objection goes to the jurisdiction, and could properly be raised on the trial below. Judgment reversed and new trial ordered.