Woehrle v. Canclini

ANGELLOTTI, J.

This is an appeal from an order denying defendant’s motion to recall and perpetually stay an execution issued on the judgment in the above-entitled action, and dissolving a restraining order theretofore made.

On October 28, 1908, plaintiff recovered a judgment against defendant in the sum of eight hundred dollars and costs for “willful and malicious injuries inflicted by the defendant upon the plaintiff.” On March 18, 1909, defendant was adjudicated

[108]

a bankrupt in proceedings instituted in the United States district court for the northern district of California, and thereafter, on June 12, 1909, an order was made by said court discharging defendant from all his debts. The judgment remaining unsatisfied, on November 9, 1909, the execution in question was isstied and levy made thereunder. The question is whether the effect of the discharge-in bankruptcy was to release defendant from this judgment. Section 17 of the Bankrupt Act of 1898, as amended in 1903, [U. S. Comp. Stats. (Supp. 1909) p. 1310], enumerating debts not affected by a discharge given thereunder, provides: “A discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as (1) are due as a tax . . .; (2) are

liabilities

for obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another, . . .” The sole question presented by appellant is whether a

judgment

for damages for willful and malicious injuries inflicted by the judgment debtor is a debt constituting a

liability

for such injuries within the meaning of that word as used in the second subdivision of section 17, quoted above. Clearly this question must be answered in the affirmative. A judgment is but the original debt or liability in a new form (see

Carit

v.

Williams,