116 Ky. 435 | Ky. Ct. App. | 1903
Opinion op the court ey
Aittrming.
Appellee recovered a judgment against appellant for the-sum of $3,500 in an action for'slander. The writ of capias ad satisfaciendum was awarded appellee. Appellant, by proceedings had in bankruptcy subsequent to the judgment,, was discharged of all of his provable debts. He included in his schedule of liabilities the judgment above named. The question for decision here is, was that judgment :a liability from which the bankrupt was discharged under the act of Congress' of July 1, 1898 (30 Stat., 950, c. 541 [U. S. Comp. St., 1901, p. 3418]). Section 17 of chapter 3 of the bankrupt law of 1898 (30 Stat., 550 [U. S. Oomp_. St., 1901, p. 3428]) provides that “a discharge in bankruptcy shall release a bankrupt from all of his provable debts except such as (1) are due as a tax levied by the United States, the State, county, district or municipality in which he resides; (2) are judgments in actions for frauds, or obtaining-property by false, pretenses or false representations, or for
It is argued for appellant that the injury done by a slander is neither to the person nor to the property of the one about whom it is spoken. At common law the right of personal security consists in a person’s legal and uninterrupted enjoyment of his life, of his limbs, his body, his health, and his reputation. Of the “rights of persons,” referred to by Blackstone (Bl. Com., p. 134), their infringement is discussed in part in this language: “The security of his reputation or good name from the acts of detraction .and slander are rights to which every man is entitled by reason and natural justice; since without these it is impossible to have the perfect enjoyment of any other advantage or right.” In volume 2, p. 118, Bl. Com. (Cooley), under the head of “Injuries Affecting Personal Security,” he says: '“As to injuries which affect the personal security of individuals, they are either injuries against their lives, their limbs, their body, their health, or their reputation.” All these, as is each of them, are injuries to the person. The .act of Congress' must be understood as having used the words in the section quoted with reference to their common-law acceptation.- Sutherland on Statutory Construction, 289. An injury to one’s person may be done in a number ■of ways. For example, it may be done to some member
Appellant cites sections 88 and 74 of the Civil Code of Practice of Kentucky as indicating a legislative differentiation -existing in this State regarding those personal injuries which appertain to the members of the person and those which affect only- the character. Section 83 of the Civil Code deals with those civil actions which may be joined in one suit." It provides: “(5) For injuries to character; (6) for injuries to person and property.” Section 74 of the Civil Code of Practice, concerning the venue of actions, provides: “Every other action for an injury to the person of the plaintiff, and every action for an injury to the character of the plaintiff, against a defendant residing in this State, must be brought in the county in which the defendant resides, or in which the injury is done.” It was, '■of course, competent for the Legislature to provide what actions might be joined in one suit. All actions affecting real property may not be joined under that section; as, for example, an action upon a contract, express or implied, concerning real property, and an action for the recovery of real property. Yet this does not argue at all that both actions may not affect the rights of property. It may be, too, that
The judgment of the circuit court refusing to discharge appellant is affirmed.