Boedefeld

The indebtedness set forth in the complaint was all contracted before the first day of September, 1878—the date of the repeal of the Bankrupt Law of the United States.

The answer avers that the defendants have been discharged from all their indebtedness, under the provisions of the State Insolvent Law, and contains a history of the proceedings by which that discharge was procured, from the application to the final discharge.

The case was submitted to the District Court, on the pleadings, upon motion of plaintiff, and the Court rendered its judgment in favor of plaintiff, holding that indebtedness incurred before the first day of September, 1878, could not be discharged under the State law.

The point made by counsel for the respondent is, that the State law, in relation to insolvent debtors, was suspended by the national Bankrupt Act, and that to construe the State law in such a manner as to authorize the discharge under it of indebtedness incurred during its suspension, would be impairing the obligation of contracts, within the meaning of the inhibition upon that subject, which is contained in the Federal Constitution.

The United States and the several States have a concurrent…