O'BRIEN v. HOWELL


92 So.2d 608 (1957)

Vesper Price O'BRIEN, Appellant, v. Trevor C. HOWELL, First National Bank in Palm Beach, and Bank of Palm Beach and Trust Company, Appellees.

Supreme Court of Florida. En Banc.

Rehearing Denied March 7, 1957.


Attorney(s) appearing for the Case

Caldwell, Pacetti, Robinson & Foster and Paty, Downey & Paty, West Palm Beach, for appellant.

Coe, Richardson & Broberg, Palm Beach, and Warwick, Paul & Warwick, West Palm Beach, for appellee.


DREW, Chief Justice.

Appellee claimed below, in a garnishment action, that a judgment which was the basis of appellant's claim had been discharged in a bankruptcy proceeding. The trial court agreed.

The issue below, and on appeal, is whether the judgment was within the exception provided by the Bankruptcy Act, 11 U.S.C.A. § 35, sub. a(2):

"A discharge in bankruptcy shall release a bankrupt from all of his provable debts, * * * except such as...

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