26 S.D. 354 | S.D. | 1910
In the year 1907 W. R. Drake, who is respondent herein, brought an action against Edgar R. Vernon, appellant, in the circuit court of Lyman county to recover damages for
Section 17a, Bankr. Daw 1898, provides as follows: “A discharge in bankruptcy shall release the bankrupt from all of his provable debts except such as are * * * liabilities for willful and malicious injury to the person or property of another.” Act July t, 1898, c. 541, § 17a, 30.Stat. 550 (U. S. Comp. St. 1901, p. 3428). It is the contention of appellant that slander is a
It is apparent that the broad scope and intent of the bankruptcy act is to release, and discharge the bankrupt debtor from all liabilities other than those expressly excepted by the act. That a judgment for plaintiff as the injured party in an action of slander is within the exception contained in subdivision 2, § 17, Banlcr. Raw, as amended, may be conceded without discussion. McDonald v. Brown, 23 R. I. 546, 51 Atl. 213, 58 R. R. A. 768, 91 Am. St. Rep. 659; Sanderson v. Hunt, 116 Ky. 433, 76 S. W. 179, 3 Am. & Eng. Ann. Cas. 168, and cases there cited. But it does not follow, as contended by appellant, that a judgment for costs awarded the defendant in an action of slander is a “liability for a willful and malicious injury to the person or property” of the plaintiff who instituted but failed to recover in the action. The
The order appealed from should be affirmed.