In re Comstock
Supreme Court of Vermont
The petitioner 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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The petitioner 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, 1842, 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, 1842, was declared a bankrupt accordingly; that on the fourth of April, 1842, he was arrested and committed to jail on the execution, and was still held in custody. It appeared from a copy of the execution annexed to the petition, that the judgment was rendered in an…
1Opinion of the Court
The opinion of the court was delivered by
Prentiss, J.
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 exist, 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…
2Cited by3 opinions
- Paterson v. SmithSupreme Court of Vermont · 1900
- Howland v. CarsonOhio Supreme Court · 1876
- Zinn v. RittermanThe Superior Court of New York City · 1867