In re Wenham

Citations

• 153 F. 910

Syllabus

<p>1. Baneruptoy — Exemption oe Bankrupt from Arrest — Construction of Statute.</p> <p>Under Bankr. Act July 1, 1898, c. 541, § 9a, 30 Stat. 549 [U. S. Comp. St. 1901, p. 3425], which provides that a bankrupt shall be exempt from arrest upon civil process, except “(1) when issued from a court of bankruptcy for contempt or disobedience of its lawful orders; (2) when issued from a state court having jurisdiction and served within such state upon a debt or claim from which his discharge in bankruptcy would not be a release,” a bankrupt is exempt from arrest or imprisonment upon civil process issued from a Circuit Court of the United States on a judgment of said court rendered prior to the bankruptcy proceedings.</p> <p>'» Same — Debts Released by Discharge — Misappropriation by Agent.</p> <p>A judgment obtained by a railroad company against a ticket agent for money collected by him for tickets sold and misappropriated to his own use is not one for a debt which is a liability for obtaining property by false pretenses or false representations, nor for a debt created by his fraud, embezzlement, misappropriation, or defalcation while acting as an officer or in any fiduciary capacity within the meaning of ’ Bankr. Act July 1, 1898, c. 541, § 17a, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3428], but is one from which the defendant would be released by a discharge in bankruptcy, and after his adjudication as a bankrupt he is exempt from arrest thereon. •</p>