Seward v. Gatlin

The only question presented on this appeal in error is whether the judgment obtained by the plaintiff Seward against the defendant Gatlin is discharged by the defendant’s bankruptcy or whether it was based on a wilful and malicious injury to the person and property of the plaintiff within the meaning of the Bankruptcy Act, Section 35, 11 IT. S. O. A. Section 35. The lower court held that the judgment was not discharged in bankruptcy.

Whether the act sued on originally was wilful and malicious within the meaning of Section 17 must be determined by the record of the case in which the judgment…