Legal Opinion

In re Grout

Supreme Court of Vermont

Decided November 27, 1914PublishedCited by 14 opinions

Habeas Corpus, Windham County, September Term, 1913, Miles, J., presiding. Heard on an agreed statement of facts. The court held that the relator’s discharge in bankruptcy was a bar to both of the judgments in question, and ordered him discharged. The execution creditors excepted. The opinion states the case. The words “wilful and malicious,” as used in the bankruptcy act, mean intentional, or with a wanton disregard for the rights of others.

Read the full summary

Habeas Corpus, Windham County, September Term, 1913, Miles, J., presiding. Heard on an agreed statement of facts. The court held that the relator’s discharge in bankruptcy was a bar to both of the judgments in question, and ordered him discharged. The execution creditors excepted. The opinion states the case. The words “wilful and malicious,” as used in the bankruptcy act, mean intentional, or with a wanton disregard for the rights of others. Mullin v. Flanders, 73 Vt. 95; Judd v. Ballard, 66 Vt. 668; Hill v. Cox, 54 Vt. 627; McChristal v. Clisbee, 190 Mass. 120. The word “recklessly” means…

1Opinion of the CourtMunson, J.

These exceptions are from an order made by the county court in habeas corpus proceedings, discharging the relator from arrest on two executions; one in favor of Charles F. Nason and Lilla M. Nason, his wife, the other in favor of Charles F. Nason. These executions were issued on judgments rendered on default in actions brought against the relator for a personal injury sustained by Lilla M. Nason. The declaration in the first suit is styled an action of trespass, commences with an allegation that the defendant assaulted the said Lilla M. Nason, and *320charges in substance that while she was…

2Cases cited4 opinions

  1. Judd v. BallardSupreme Court of Vermont · 1894
  2. Bailey's Admx. v. GleasonSupreme Court of Vermont · 1903
  3. Howard v. TylerSupreme Court of Vermont · 1874
  4. In re PetersonSupreme Court of Vermont · 1905

3Cited by14 opinions

  1. In re CoteSupreme Court of Vermont · 1918
  2. Panagopulos v. Manning Et Ux.Utah Supreme Court · 1937
  3. Smith v. LadrieSupreme Court of Vermont · 1925
  4. In re LevitanDistrict Court, D. New Jersey · 1915
  5. Wilson v. SmithSupreme Court of Vermont · 1984

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API