Flanders v. Mullin
Supreme Court of Vermont
Petition for a writ of prohibition brought to the Supreme Court for Rutland County at its ^May Term, 1903, and then heard on petition and answer. Reargued at the May Term, 1905. At the March Term, 1902, of the Rutland County Court the petitionee obtained judgment, and a close jail certificate, against the petitioner in a suit for injuries sustained by her while undergoing surgical treatment at the hands of the petitioner.
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Petition for a writ of prohibition brought to the Supreme Court for Rutland County at its ^May Term, 1903, and then heard on petition and answer. Reargued at the May Term, 1905. At the March Term, 1902, of the Rutland County Court the petitionee obtained judgment, and a close jail certificate, against the petitioner in a suit for injuries sustained by her while undergoing surgical treatment at the hands of the petitioner. On March 7, 1902, the petitioner was duly adjudged a bankrupt on a petition filed by him the day before, and obtained his discharge in bankruptcy in due course on November…
1Opinion of the CourtMunson, J.
The petitionee obtained a judgment against the petitioner in an action of tort, and an adjudication that the cause of action arose from the wilful and malicious act of the defendant. The petitioner has obtained a discharge in bankruptcy, and contends that the collection of this judgment is barred by it. The bankrupt act excepts from the operation of a discharge judgments in actions “for wilful and malicious injuries to the person or property of another.” The suit was for injuries sustained by the plaintiff while undergoing surgical treatment at the hands of the defendant, and was tried on the…
2Cases cited5 opinions
- Tinker v. ColwellSupreme Court of the United States · 1904
- Neal v. ClarkSupreme Court of the United States · 1878
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Colwell v. . TinkerNew York Court of Appeals · 1902
- Stickney v. ParmenterSupreme Court of Vermont · 1901
3Cited by11 opinions
- Wellman v. MeadSupreme Court of Vermont · 1919
- James v. McCoy (In Re McCoy)United States Bankruptcy Court, S.D. Ohio · 1990
- In re CoteSupreme Court of Vermont · 1918
- In Re Campbell's WillSupreme Court of Vermont · 1927
- Bombardier v. GoodrichSupreme Court of Vermont · 1920
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