Samuel Freeman Miller

“ The next proposition is that, under section 5106 of the Revised Statutes of the United States, it was the duty of Boynton to make application to the state court, before judgment in that court, to have the proceedings there stayed, to await the determination of the court in bankruptcy on the question of his discharge. That section is in the following language: 'No creditor whose debt is provable shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt, until the question of the debtor's discharge shall have been determined ”

“ To this Boynton filed his answer, April 4, 1878, and judgment was rendered against him on December 9, 1879, for $6,223.99 debt, and $5,234.99 damages and costs. Pending this suit in the state court, Boynton, on his own application, was declared a bankrupt, April 15, 1878, and received his discharge from all his debts, December 23, 1880. An execution on the judgment against Boynton in the state court was issued February 21, 1880, and returned unsatisfied. ”