1875.] THE STATE V. PETERS. 7
Statement of the case.
bankrupt, it is not even error to proceed to final judgaent,
where no application for stay of proceedings is made
by the bankrupt. (Stone v. Brookville National Bank, 39
Ind., 287; Bradford v. Rice, 102 Mass., 472.)
In Merritt v. Glidden, 39 Cal., 564, the court held the
judgment appealed from to be a final judgment within the
meaning of the bankrupt act. (See also O'Neil v. Dougherty,
46 Cal., 575.) The proceedings in the Supreme Court
may be regarded as in the nature of a suit to test the correctness
and validity of that judgment. (Id., and Gibbs v.
Belcher, 30 Tex., 80. But see, contra, In re Metcalf; Bank.
Reg. Supp., 43.) No method has been suggested by which
a discharge in bankruptcy could be plead or contested in
this court, and it would be useless even to stay the proceedings,
as in the lower court, for the purpose of allowing
it to be obtained and plead.
We hold that the affirmance of the judgment against
Flanagan in this court was valid, and that the judgment is
a debt created whilst acting in a fiduciary character, and is
not within the operation of his discharge in bankruptcy.
The judgment is affirmed.
THE STATE V. J. J. PETERS.
1. PERJURY-AUTIIORITY TO ADMINISTER THE OATH.--IL ain indictment
for perjury, in a trial before a justice of the p2acc in an action
of forcible entry and detainer, it is not essential to set out a copy of
the commission of the justice, or to allege how his jurisdiction attached
to the case, it being sufficient as to his authority to administer
the oath to allege that he was a justice of the peace and had jurisdiction
to try the case.
2. See discussion of requisites in an indictment for perjury.
APPEAL from Cass. Tried below before the Hon. James
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed March 11, 2014.