Bullis v. O'Beirne

Citations

• 195 U.S. 606
• 25 S. Ct. 118
• 49 L. Ed. 340
• 1904 U.S. LEXIS 698

Syllabus

<p>On writ of error to a state court reviewing its refusal to cancel a judgment after discharge of the debtor in bankruptcy on the ground that the judgment was in an action for fraud, the Federal question is not whether the complaint sufficiently charged fraud to warrant the judgment but whether the action was for fraud; and if there are facts charged and found to the effect that false and fraudulent representations were made and relied on which in the state court were sufficient to warrant relief on the ground of fraud the judgment comes within the exception of § 17 of the bankrupt act and will not be canceled although the suit may originally have been brought in equity for specific performance instead of for money judgment. A statement made fraudulently with knowledge of its falsity must necessarily be intended to deceive.</p>