In re Dowie

S.D. New York

In re Dowie

202 F. 816, 1912 U.S. Dist. LEXIS 999

CourtDistrict Court, S.D. New York

DecidedDecember 11, 1912

StatusPublished

Cited by6 cases

This text of 202 F. 816 (In re Dowie) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Dowie, 202 F. 816, 1912 U.S. Dist. LEXIS 999 (S.D.N.Y. 1912).

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Opinion

HOLT, District Judge.

This is a motion to vacate an order staying proceedings upon a judgment for costs recovered against the bankrupt by a defendant whom the bankrupt sued for slander.

[1-3] A judgment on a debt which is not dischargeable should not be stayed pending bankruptcy proceedings. It has been held that a judgment to recover damages for slander is not dischargeable (National Surety Co. v. Medlock, 19 Am. Bankr. Rep. 654, 2 Ga. App. 665, 58 S. E. 1131; McDonald v. Brown, 10 Am. Bankr. Rep. 58, 23 R. I. 546, 51 Atl. 213, 58 L. R. A. 768, 91 Am. St. Rep. 659), and, in my opinion, a judgment for costs in such an action, recovered by a defendant against the plaintiff, partakes of the same character. A judgment in such an action, or in any action for a pure tort, either in favor of the plaintiff or the defendant, can be enforced by an execution against the person.

The stay enjoining the enforcement of the judgment against the bankrupt is vacated.

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HOLT, District Judge.

This is a motion to vacate an order staying proceedings upon a judgment for costs recovered against the bankrupt by a defendant whom the bankrupt sued for slander.

[1-3] A judgment on a debt which is not dischargeable should not be stayed pending bankruptcy proceedings. It has been held that a judgment to recover damages for slander is not dischargeable (National Surety Co. v. Medlock, 19 Am. Bankr. Rep. 654, 2 Ga. App. 665, 58 S. E. 1131; McDonald v. Brown, 10 Am. Bankr. Rep. 58, 23 R. I. 546, 51 Atl. 213, 58 L. R. A. 768, 91 Am. St. Rep. 659), and, in my opinion, a judgment for costs in such an action, recovered by a defendant against the plaintiff, partakes of the same character. A judgment in such an action, or in any action for a pure tort, either in favor of the plaintiff or the defendant, can be enforced by an execution against the person.

The stay enjoining the enforcement of the judgment against the bankrupt is vacated.

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Bluebook (online)

202 F. 816, 1912 U.S. Dist. LEXIS 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dowie-nysd-1912.

Opinion

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