Matter of Weber
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1913, which affirmed an order of Special Term denying an application for the cancellation and discharge of record of a judgment recovered against petitioner on a forfeited bail bond. The facts, so far as material, are stated in the opinion. A debt due to a state as a judgment on a forfeited bail bond is released by a discharge in bankruptcy.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 14, 1913, which affirmed an order of Special Term denying an application for the cancellation and discharge of record of a judgment recovered against petitioner on a forfeited bail bond. The facts, so far as material, are stated in the opinion. A debt due to a state as a judgment on a forfeited bail bond is released by a discharge in bankruptcy. (McDonald v. Davis, 105 N. Y. 508; Roosevelt v. Mark, 6 Johns. Ch. 266; Rathbone v. Blackford, 1 Caines, 588; Smith v. Wheeler, 55…
1Opinion of the CourtMiller, J.
The motion to cancel and discharge the judgment of record was made pursuant to section 1268 of the Code of Civil Procedure on the ground of the appellant’s discharge in bankruptcy of his provable debts. It is earnestly argued that a debt due to a state is not released by a discharge in bankruptcy for the reason that general words of a ■ statute will not derogate from the rights and privileges of the sovereignty. We do not now decide whether that rule of construction applies to a Federal statute in it's bearing on the rights of states. Nor do we decide whether the express exception of claims…
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