Davis v. Wakelee

Decision Date11 March 1895
Docket NumberNo. 181,181
PartiesDAVIS v. WAKELEE
CourtU.S. Supreme Court

This was a bill in equity, filed by Angelica Wakelee, a citizen of the state of California, against Davis, a citizen of New York, to enforce an estoppel, and to enjoin the defendand from asserting, in defense of any suit which may be brought upon a certain judgment recovered by Henry P. Wakelee against Davis in one of the state courts of California, that the debts upon which such judgment was obtained were not merged in such judgment, and from denying the validity of the judgment as a debt against Davis, unaffected by his discharge in bankruptcy.

The bill averred, in substance, that in August and September, 1869, Davis executed six promissory notes, amounting to about $15,725, to the order of Henry P. Wakelee, and delivered them to him, and that they subsequently became the property of the plaintiff; that on or about September 30, 1869, Davis was adjudged a bankrupt, upon his own petition, by the district court for the district of California, and the notes in question were duly proved against his estate; that on July 8, 1873, the bankruptcy court granted the said Henry P. Wakelee leave to bring an action upon these notes, and that such action was begun by publication of a summons, under the laws of the state, and without personal service upon Davis; that on November 18, 1873, Davis not appearing, and no service having been made upon him, judgment was entered against him in the sum of $22,760.26.

The bill further alleged: That on December 23, 1875, Davis filed in the bankruptcy court a petition for his discharge, and that Wakelee thereupon filed specifications of opposition, which Davis moved to dismiss, upon the ground that Wakelee, subsequent to the commencement of the proceedings in bankruptcy, had, by leave of the court, brought suit upon such notes, obtained judgment thereon, 'and that said judgment still stood of record in said Fifteenth district court, and was in full force.' That such motion came on for argument, and it was there claimed by counsel duly authorized to represent Davis that by reason of the above facts the original debt of Davis to Wakelee, which had been proved up in the bankruptcy proceeding, had become merged in the ju gment obtained November 18, 1873, in the state court of California, and thereby became a new debt, created since the adjudication of Davis as a bankrupt. That such judgment was subsisting, valid, and enforceable, and would not be barred, discharged, or in any wise affected by the discharge of the defendant in bankruptcy. That by reason thereof Wakelee had no standing, was not interested in the bankruptcy proceedings, and was not, therefore, competent to oppose the discharge of Davis. That upon such motion an order was made by the district court in bankruptcy that Wakelee's proof of debt be canceled, and his specifications of opposition to the discharge be dismissed, and set aside. That Wakelee relied upon the claims and admissions of Davis and of his counsel, and accepted as correct and binding the order of the district court dismissing his opposition, and did not appeal therefrom. That the order was accepted by Davis, who subsequently obtained his discharge.

That the judgment was subsequently assigned to Angelica Wakelee, the plaintiff, and in equity was of full and binding force and validity by reason of the facts above stated; but that in sundry action instituted upon such judgment between Davis and the then owner of the judgment Davis claimed and set up that the judgment was void, because of the lack of jurisdiction of the court wherein it was entered, for the reason that he was not personally served with process, and did not appear in the action, and also pleaded his discharge in bankruptcy as a bar to a recovery upon such judgment. That plaintiff is about to commence an action at law upon such judgment against Davis in the state of New York, wherein defendant now resides; and that she is informed that under the law of the state of New York the facts herein set forth cannot be pleaded in the plaintiff's complaint in aid of her cause of action, but that such action must be brought upon such judgment alone, and that it is necessary to allege in the complaint either the facts showing the jurisdiction of the court, or that the judgment was duly entered, which cannot be truthfully done.

Wherefore plaintiff prayed for the assistance of a court of equity to adjudge Davis to be estopped by his conduct, and that he be enjoined from asserting that the debts proved up by Wakelee against him were not merged in the judgment, or from asserting the invalidity of the judgment, or that the same does not constitute a new debt unaffected by Davis' final discharge in bankruptcy.

A demurrer was filed to this amended bill, which was overruled (38 Fed. 878), and defendant answered, admitting, denying, or ignoring the several allegations of the bill, but setting up no new matter.

Upon a final hearing upon pleadings and proofs the plaintiff was awarded a decree for an injunction restraining the defendant from asserting that the judgment of November 18, 1873, was invalid, and did not still stand of record. 44 Fed. 532. From this decree the defendant appealed to this court.

Walter S. Logan and C. M. Demond, for appellant.

Anson Maltby, for appellee.

Mr. Justice BROWN delivered the opinion of the court.

Motion was made to dismiss the appeal in this case, upon the grounds (1) that the appearance of Mr. Henry A. Root as counsel for the appellant herein, which was entered at the time the case was docketed, was unauthorized by him, and made without his knowledge; and (2) that the appeal bond is defective in failing to state the term at which the decree of the circuit court was rendered.

1. So far as the first ground is concerned, it appears that Mr. Root, then residing in the city of New York, was solicitor for the defendant in the court below; that he had taken no steps to sever his connection with the case by substituting other counsel; and that his appearance in this court was entered at the time the case was docketed, by other counsel, in good faith, and by virtue of a supposed authority from him. Under these circumstances, and inasmuch as other c unsel have appeared and taken charge of the case, the appellant should not lose his right to a review of the case by this court through a mistake which not only appears to have been purely accidental, but one which could not possibly have prejudiced the appellee. It was held by this court in the case of U. S. v. Curry, 6 How. 106, 111, and Tripp v. Railroad Co., 144 U. S. 126, 12 Sup. Ct. 655, that service of a citation on appeal upon the solicitor in the court below was good, upon the ground that no attorney or solicitor can withdraw his name, after he has once entered it, without the leave of the court; and while his name continues on the record the adverse party has the right to treat him as the authorized attorney or solicitor, and service of notice upon him is as valid as upon the party himself; that, even after the case is finally decided, the court will not permit an attorney who has appeared at the trial to withdraw his name, and thus to embarrass and impede the administration of justice. While it does not follow that the attorney or solicitor in the court below is presumed to continue as such after the docketing of the case in this court, the fact that Mr. Root had charge of the case in the circuit court might have induced the counsel who entered his appearance in this court to believe that it was authorized by him. As the petition was signed and sworn to by the appellant in person, there can be no claim that the appeal was taken without authority.

2. The second ground is that the appeal bond is defective, in failing to mention the term at which the decree was ren- dered. This ground is also insufficient. To a person reading the bond there could be no mistaking the identity of the decree appealed from. The bond is properly entitled in the cause, the name of the court is correctly given, and there is nothing to indicate that a decree had been rendered in any other cause between the same parties in that court. Of a similar mistake it was said by the chief justice in New Orleans Insurance Co. v. Albro Co., 112 U. S. 506, 507, 5 Sup. Ct. 289: 'The better practice undoubtedly is to specify the term in describing the judgment, but the omission of such a means of identification is not necessarily fatal, and certainly, before dismissing a case on that account, opportunity should be given to furnish new security.'

3. The facts of this case are not complicated, cated, nor its merits difficult to understand. Henry P. Wakelee held six promissory notes, executed by Davis in August and September, 1869. On September 30, 1869, Davis was adjudicated a bankrupt upon his own petition, in the district court of California, and in July, 1873, Wakelee applied for and was granted leave to reduce his claim to judgment in the state court. On July 19, 1873, Wakelee brought suit in the district court of the Fifteenth judicial district of California, and obtained a judgment in the following November, upon a service by publication only, in the sum of $22,760.26 in gold. As Davis, who then lived in New York, was never served with process, and never appeared in the action, such judgment was undoubtedly void. Pennoyer v. Neff, 95 U. S. 714.

Subsequently, and in December, 1875, Davis filed his petition for discharge, and Wakelee filed specifications of opposition thereto, which Davis moved to dismiss upon the ground that Wakelee had reduced his claim to judgment since the commencement of the bankruptcy proceedings; that such judgment was in full force, and (argumentatively) would be unaffected by the discharge. The court took this view, canceled the proofs of debt, and dismissed the specifications of opposition to his discharge. Wakelee did not appeal. The question before u...

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