
    Hugh Manning and Wife v. Joseph H. Keyes.
    A judgment in an action of trespass for assault and battery is a debt discharge able under the National Bankrupt Act of 1867.
    Action of trespass against the defendant for assault and battery of tbe plaintiff, Ann Manning. At the October term, 1868, of tbe Supreme Oourt for this county, tbe plaintiff recovered judgment for $500 and costs, and now moved for execution.
    
      Blodgett, for the defendant,
    opposed tbe motion, and asked for a stay of execution, because tbe defendant, since the rendition of said judgment, had been adjudged a bankrupt, on bis own petition, at a court of bankruptcy in Massachusetts, where proceedings were still pending.
    
      P. F. Tillinghast, for the plaintiffs, in support of the motion,
    contended that tbe judgment upon which execution was-asked, was not provable in bankruptcy, citing Kellogg v. Schuyler', 2 Denio, 78 ; Parker v. Norton, 6 Term. 695 ; Hughes v. Oliver, 8 Barr. 426; McDonald v. Ingraham, 30 Miss. 389 ; Hapgood v. Blood, 11 Gray, 400 ; Spalding v. People of New York, 4 How. 21; People v. Spalding, 10 Paige, Oh. 284; In re James B. Devoe, Amer. Law Reg. Sept., 1868, p. 690 ; In re Julius B. Pettis, Ibid. p. 695 ; In re Bobert Sutherland, Ibid. Jan. 1869, p. 39 ; In the Matter of Harvey F. Payton, 7 R. I. 153.
   Dureee, J.

It was held, under tbe bankrupt act of 1841, that a judgment in a court of law obtained in an action of tort was a debt dischargeable under and by force of tbe bankrupt law. Samuel Bork, in Bankruptcy, 3 McLean, (Cir. Ct.) 217; and see Comstock v. Graat, 17 Vt. 512 ; Crouch v. Gridley, 6 Hill, (N. Y.) 259. In this case, tbe judgment was in an action of trespass for assault and battery, and, therefore, not being within tbe exceptions specified in tbe 33d section of tbe act of 1867, we think it is a debt dischargeable under that act.

We will direct that execution be stayed till further order.

Execution stayed.  