In re Comstock
District Court, D. Vermont
In bankruptcy. The petitioner [Edson Com-stock] applied to be discharged from imprisonment on an execution issued on a judgment rendered against him by the supreme court of Vermont.
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In bankruptcy. The petitioner [Edson Com-stock] applied to be discharged from imprisonment on an execution issued on a judgment rendered against him by the supreme court of Vermont. He alleged that on the thirtieth of March last, after the recovery of the judgment, he filed his petition in due form to be declared a bankrupt, and on the twenty-fourth of May was declared a bankrupt accordingly; that on the fourth of April he- was arrested and committed to jail on the execution, and was still held m custody. It appeared from a copy of the execution annexed to the petition, that the judgment was…
1Opinion of the Court
TRENTISS, District Judge.
The distinction which has been insisted upon in this case, between a judgment rendered in an action on tort, and a judgment rendered in an action on contract, is wholly unavailable as against this application. The right of the petitioner to be discharged from imprisonment, if any such right exists cannot be affected by any consideration of that nature. There is no distinction, under the bankrupt law, between a judgment in an action arising ex delicto, and a judgment in an action arising ex contractu. They are both debts within the meaning of the law, and both provable…
2Cited by5 opinions
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- Comstock v. GroutSupreme Court of Vermont · 1845
- Jewell v. NuhnSupreme Court of Iowa · 1915
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006
- Central Virginia Community College v. KatzSupreme Court of the United States · 2006