Summary
In Wheeler v. Wilder, 61 N.H. 1 (1881) it was held that the right to dig a canal a certain width naturally and necessarily included the right to leave the servient owner's property along the canal subject to erosion to some degree, and that it was a question of fact whether it was reasonable under the circumstances for the easement owner to leave the excavated dirt on the servient owner's land outside the boundaries of the canal easement.
Summary of this case from Baumbach v. PooleOpinion
Decided June, 1881.
A judgment upon a debt provable in bankruptcy, rendered after the defendant's petition in bankruptcy was filed, and before his discharge, is not barred by his discharge.
DEBT, on a Massachusetts judgment recovered in October, 1878. The plaintiff demurred to a plea which averred the defendant was discharged in bankruptcy, September 6, 1879, from all debts provable in bankruptcy, and existing January 9, 1877, the day of the filing of his bankruptcy petition; the judgment is founded on causes of action existing on that day, and provable in bankruptcy; and the judgment was rendered after his petition was filed, and before his discharge.
G. Y. Sawyer Sawyer, Jr., for the plaintiff.
A. F. Stevens, for the defendant, cited Dawson v. Hartsfield, 79 N.C. 334; Smith v. Kinney, 6 Neb. 447; Monroe v. Upton, 50 N.Y. 593; Pattison v. Wilbur, 10 R. I. 448; Ogden v. Redd, 13 Bush. 581; Matter of Brown, 5 Ben. 1; In re Rosey, 8 Bank. Reg. 509.
For reasons given in the Massachusetts decisions, we think a defence is not stated in the plea. Bradford v. Rice, 102 Mass. 472; Holland v. Martin, 123 Mass. 278.
Demurrer sustained.
SMITH, J., did not sit: the others concurred.