Wolkin v. Salamone

Court: Ohio Court of Appeals
Date filed: 1963-06-14
Citations: 93 Ohio Law. Abs. 406
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Lead Opinion
Per Curiam.

Judgment affirmed. The plaintiff’s action, based on contract for money only, was filed and service had after the defendant was adjudicated a bankrupt and the claim was listed as a debt of the bankrupt. Default judgment was then entered for the plaintiff before the defendant was discharged in the bankruptcy proceeding. The bankrupt did not

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seek to stay the plaintiff’s action pending Ms discharge in bankruptcy. Such failure to seek a stay pending the discharge of the defendant from the obligation to pay said debt does not prevent him from setting up his discharge as a defense to a proceeding seeking to enforce such judgment filed after his discharge in bankruptcy.

Skeel, C. J., Silbert and Corrigan, JJ., concur.