McClellan v. Schmidt
District Court, D. New Jersey
Petition by Douglas Y. McClellan against Ralph B. Schmidt, Sheriff of Essex County, N. J., for writ of habeas corpus. These proceedings were instituted for the discharge of the relator in default of payment of judgment obtained against him for tort on the ground that the judgment is released by a discharge in bankruptcy and does not come within the exception of section 17 (2) of the Bankruptcy Act of 1898.
1Opinion of the Court
DAVIS, District Judge.
William A. Davenport, by his next friend, William E. Davenport, obtained judgment April 22, 1916, against the relator in the Supreme Court of New Jersey, for the sum of $4,000 and costs, in an action at law for a tort committed by the relator. In default of payment, execution was issued against his person and he was committed to the Essex county jail on June 3, 1916. The relator filed a voluntary petition in bankruptcy in this court and duly scheduled the said judgment and was adjudicated a bankrupt on May 19, 1916. He filed a petition for writ of habeas corpus, and the…
2Cases cited4 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Neal v. ClarkSupreme Court of the United States · 1878
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Flanders v. MullinSupreme Court of Vermont · 1907
3Cited by3 opinions
- In Re WerneckeDistrict Court, W.D. New York · 1932
- In Re CarncrossDistrict Court, W.D. New York · 1953
- O'BRIEN v. HowellSupreme Court of Florida · 1957