Ex parte Margiasso
District Court, S.D. New York
Petition by Charles Margiasso, alleged bankrupt, for a writ of habeas corpus.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
This is an application on a writ of habeas corpus to discharge a bankrupt, who was arrested prior to the filing of a voluntary petition in bankruptcy. The body execution was issued by reason of a judgment obtained in the state court for negligence arising out of an automobile accident. I do not understand it to be disputed that the debt is dischargeable in bankruptcy.
Judge Brown, in Re Claiborne (D. C., N. Y.) 5 Am. Bankr. Rep. 812, 109 Fed. 74, held that the ninth section of the Bankruptcy Act did not authorize the discharge of bankrupts from imprisonment…
2Cases cited4 opinions
- People ex rel. Taranto v. ErlangerDistrict Court, S.D. New York · 1904
- In re ClaiborneDistrict Court, S.D. New York · 1901
- Turgeon v. EmeryDistrict Court, D. Maine · 1910
- In re KomarDistrict Court, N.D. New York · 1916
3Cited by7 opinions
- Lewis v. RobertsSupreme Court of the United States · 1925
- In re MadiganDistrict Court, S.D. New York · 1918
- Bloomingdale v. DreherCourt of Appeals for the Third Circuit · 1929
- Ex parte HarrisonDistrict Court, D. Massachusetts · 1921
- In re RobertsDistrict Court, E.D. Michigan · 1923
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