In re Wiggers
District Court, N.D. Illinois
Thomas had recovered a judgment for a tort against AYiggers in the state court. On the 18th of May, AViggers filed his petition in bankruptcy. scheduling this judgment. On the 23d. Thomas sued out of the state court a capias ad satisfaciendum on his judgment. under which Wiggers was arrested on the morning of the 25th. Afterwards, on the same day, Wiggers was duly adjudicated a bankrupt by the register.
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Thomas had recovered a judgment for a tort against AYiggers in the state court. On the 18th of May, AViggers filed his petition in bankruptcy. scheduling this judgment. On the 23d. Thomas sued out of the state court a capias ad satisfaciendum on his judgment. under which Wiggers was arrested on the morning of the 25th. Afterwards, on the same day, Wiggers was duly adjudicated a bankrupt by the register. The state court having refused to release the debtor — holding that the judgment creditor might prove his claim in bankruptcy, or hold the defendant in custody at his election, and that the…
1Opinion of the Court
DRUMMOND, District Judge.
The only question is as to the true construction of the last clause of the 26th section of the bankrupt law. This judgment was recovered for a tort, but it is still a debt, because it has passed into judgment. It is clear that the bankrupt law intends to discharge the debtor from debts or judgments obtained for a tort, as well as on simple contracts. Otherwise it would have placed them among the exceptions in the section.
There is no distinction between an arrest on mesne and final process. To be sure, before judgment, this claim is, as it were, in fieri, and after…
2Cases cited1 opinion
- Comstock v. GroutSupreme Court of Vermont · 1845
3Cited by2 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- Ex parte SchulenburgU.S. Circuit Court for the District of Eastern Michigan · 1885