Barbachano

In 1941, the appellants recovered a judgment in the court below against Willis Allen and others. In 1950, the judgment remained unsatisfied. Appellants then moved the court for an order directing that writs of execution issue notwithstanding the lapse of more than five years since the entry of judgment. The trial court found plaintiffs-appellants not guilty of laches; held that the judgment might be enforced or carried into execution irrespective of the lapse of more than five years, but ordered that the writ of execution should not be enforced against the defendant, Willis Allen, because he had,, subsequent to the entry of the judgment,received a discharge in bankruptcy. Upon this appeal the sole question is as to the correctness of this order and holding as to Willis Allen.

Appellants assert that the record shows that the judgment was recovered on account of “liabilities for obtaining money or property by false pretenses or false representations” and “for willful and malicious injuries to the person or property of another”, within the meaning of the second clause of § 35 of Title 11 U.S.C.A., which enumerates “Debts not affected by a discharge”.

The findings, upon which the…