Legal Opinion

National Surety Co. v. Medlock

Court of Appeals of Georgia

Decided October 22, 1907No. 478PublishedCited by 27 opinions

Garnishment, from city court of Atlanta — Judge Reid. April 15,1907. On February 4, 1904, Carrie E. Medlock instituted suit against the Atlanta News Publishing Company, on account of the mali-n cious publication of a libelous article concerning her. Ancillary to this action she sued out garnishment and caused summons to-be served on the Maddox-Eucke-r Banking Company.

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Garnishment, from city court of Atlanta — Judge Reid. April 15,1907. On February 4, 1904, Carrie E. Medlock instituted suit against the Atlanta News Publishing Company, on account of the mali-n cious publication of a libelous article concerning her. Ancillary to this action she sued out garnishment and caused summons to-be served on the Maddox-Eucke-r Banking Company. On February G, 1904, the defendant, for the purpose of dissolving the garnishment, filed a statutory bond, with the National Surety Company of New York as surety. The section of the Civil Code (§4718) under which this bond was…

1Opinion of the CourtPowell, J.

(After stating the facts.)

1. A discharge in bankruptcy does not release the bankrupt from liability for “wilful and malicious injuries to the person or property of another.” Bankruptcy act of 1898, c. 541, § 17 (2) (30 Stat. 550, U. S. Com. St. 1901, p. 3428). A libel is a wilful and malicious injury to the person of another. Johnson v. Bradstreet Co., 87 Ga. 79 (13 S. E. 250); Cole v. A. & W. P. R. Co., 102 Ga. 479 (31 S. E. 107); Cox v. Strickland, 120 Ga. 106 (47 S. E. 912). Only suits which are “founded upon claims for which a discharge would be a release” are to be stayed by reason of an…

2Cases cited19 opinions

  1. Metcalf v. BarkerSupreme Court of the United States · 1902
  2. Pickens v. RoySupreme Court of the United States · 1902
  3. Cox v. StricklandSupreme Court of Georgia · 1904
  4. Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
  5. Johnson v. Bradstreet Co.Supreme Court of Georgia · 1891

14 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. In re Gawker Media LLCUnited States Bankruptcy Court, S.D. New York · 2017
  2. Armour Fertilizer Works v. SandersCourt of Appeals for the Fifth Circuit · 1933
  3. Citizens National Bank v. DasherCourt of Appeals of Georgia · 1915
  4. In re MaherDistrict Court, N.D. Georgia · 1909
  5. Light v. HuntCourt of Appeals of Georgia · 1916

22 more not listed; retrieve them via the Exa API.

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