Drake v. Vernon
South Dakota Supreme Court
Appeal from Circuit Court, Ryman County. Hon. Frank B. Smith, Judge. Action.by W. R. Drake against Edgar R. Vernon. From an order setting aside execution, and staying proceedings to enforce a judgment previously recovered by defendant, he appeals. A discharge in bankruptcy shall release a bankrupt from all ■of his provable debts, except such as are * * * liabilities for willful and malicious injuries to the person or property of another. Bankruptcy Law, 1898, Sec. 17a.
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Appeal from Circuit Court, Ryman County. Hon. Frank B. Smith, Judge. Action.by W. R. Drake against Edgar R. Vernon. From an order setting aside execution, and staying proceedings to enforce a judgment previously recovered by defendant, he appeals. A discharge in bankruptcy shall release a bankrupt from all ■of his provable debts, except such as are * * * liabilities for willful and malicious injuries to the person or property of another. Bankruptcy Law, 1898, Sec. 17a. A judgment for slander is not a liability from which a bankrupt is discharged under the National Bankruptcy Act of 1898.…
1Opinion of the CourtSmith, J.
In the year 1907 W. R. Drake, who is respondent herein, brought an action against Edgar R. Vernon, appellant, in the circuit court of Lyman county to recover damages for *356alleged false and slanderous statements. Appellant, answering the complaint, alleged the truth of the words spoken. Upon the trial the jury found in favor of appellant on all the issues, and on the 19th day of May, 1908, the court entered a judgment dismissing the complaint, and adjudging that appellant recover $163.70 costs and disbursements in the action. On the 29th of June, 1909, an execution issued upon this judgment,…
2Cases cited6 opinions
- Northern v. HannersSupreme Court of Alabama · 1898
- Sanderson v. HuntCourt of Appeals of Kentucky · 1903
- Davids v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Stuckey v. McKibbonSupreme Court of Alabama · 1890
- Winton v. KnottSouth Dakota Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Koch v. SeglerMissouri Court of Appeals · 1960
- Buckingham Trans. v. B.H. Trans.South Dakota Supreme Court · 1939