The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-03
UNITED STATES CIRCUIT cuusT.
Appeal in NEUTRALITY-SUSPICIOUS. from arrest
mud Judgment.


aud Judgment.
Before Judge Nelson.
m the Matter or Ward 4. Robinson, BaffTupf.--
The following decision has been rendered by
Judge EelsoD:-
The petition In this case seeks review OF the de.
csion OF the court below refusing discharge the
bankrupt from arrest aud the ball. and also refusing
so.drect satisfaction OF Judgment obtained in the
Court OF Common Pleas Of this city against him by
Ann Walter for some sl64 GO. This Judgment was re-
covered 25th May, 1868. The petition In bank
ruptcy was presented on the Goth May, the
same month. The application for the discharge
from the arrest and for satisfaction OF the judg-
ment is founded upon section twenty-one OF the
Bankrupt act, which provides that no creditor.
proving his debt or claim shall be allowed to main
tain suit at law in equity therefor against the
bankrupt but shall be deemed to have waived all
right OF action and suit against the bankrupt; and
al proceedings already commenced, or unsatisfed
Judgments already obtained thereon shall be deemed
to be discharged and surrendered thereby.n Ann
Walter has proved her DEBT judgment in the pre-
sent bankrupt proceedings, and, upon the words OF
case The remainder Of the section provides that
"no creditor whose debt Is prOvable under this act
pe " 10 e
rupt until the question OF the debtors discharge
shall have been determined; and any such suit
or proceedings shall, upon application or the
bankrupt, be stayed to await the determination
OF the Court in Bankruptcy on the question Of the
discharge II will thus be seen that manifest
distinction Is made between a creditor having
proved his debt and one holding provable debt
of Ann Walter is CLAIMED to be founded upon q debt
created by the fraud OF the bankrupt; II this be
30 then according to the thirty third section Of the
act the discharge, II obtained by the bankrupt win
not affect il. Such debt is expressly excepted from
It's operation; and the same section provides that
debt and take his dividend. Now, Ann Walter hay
Ing proved her Judgment as thus authorized would
md that Judgment taking this twenty first section
literally discharged and surrendered,n notwith.
standing the thrtythird section provides expressly
oct would not afrect it. We think no such ia.
tent or meaning can be reasonably imputed TO
the law makers, and, therefore, the thirty third
eection must be regarded at least taking debt OF
this character out OF the rst clause OF the twenty
1rst section; and hence that the judgment In ques-
ton Is not discharged or surrendered,o is the
bankrupt entitled 10 be released from the arrest
his bail from the bail bond, II the debt was one
created by fraud. The court below held that the
proceedings and judgment in the Common Pleas the
record OF which was produced before 1t according
70 the practice and course OF proceeding In that
oil them That the SUIT was one TO recover debt
created by the fraud OF the debtor; and that it would
u the Bankrupt Court We concur IN TINS view.
u was argued on behalf Of the petitioner that 1t
should appear from the record itself-that s, from
the declaration in the casehat the suit III the Com
mon Pleas proceeded Ia that court the ground OF
1han OF princpls. The mode OF proceeding In the
Common Pleas in case where the debt IL claimed
70 have been created BY the fraud and deceit OF the
IN the courts OF other States but IL ~ understood 70
be warranted by the New York law, and. II 70, we
do not but that II IL entitled to much verify
II the proceeds ngs were more formal and specific.
The last clause OF the twentyslXth section was re-
ferred TO on the argument, but We DO not see That IL
has any application to the case. The other question
raised and urged-namely, IA TO the force and effect
OF the order TO snow before the Register why
the discharge should not be granted-is so much a
question OF practice that we are not inclined 10
interfere with the Judgment OF the court below Ia
the matter. The complaint AS that the Register post
poned the day for the creditors 10 ia and show
cause Any abuse by the Register in this matter viii
be corrected by tie court below, which has power
70 supervise this proceeding. Petition denied wlin
COSts.