In re Ellman

KNIGHT, District Judge.

This is a motion to enjoin the enforcement of a garnishee execution against the above-named bankrupt. Such execution was issued upon a judgment obtained by Kroll against Ellman in a suit in negligence. The question here is whether such judgment is in an action for “willful and malicious injuries to the person or property of another.” See Section 17, subdiv. 2 of the Bankruptcy Act, 11 U.S.C.A. § 35(2). The pleadings and the record on the trial on default of the defendant have been submitted on this motion.

The complaint alleges “that said accident was caused solely and…