ELY v. CURTIS

The fraud by which a debt is created, and a discharge of it prevented in bankruptcy, under U.S. Rev. St., s. 5117, is actual, and not mere fraud in law.

DOE, C. J.

The fraud must be actual, and not mere fraud in law. Neal v. Clark, 95 U.S. 704; Wolf v. Stix; 99 U.S. 1, 7. The referee has reported evidence, and has not decided the general question of fraud.

Case discharged.

STANLEY and BLODGETT, JJ., did not sit: the others concurred.