A judgment which has been rendered before proceedings in bankruptcy are begun, is a "fixed liability as evidenced by a judgment * * * absolutely owing at the time of the filing of the petition"; and accordingly such judgment is a provable debt and accordingly is barred by a discharge in bankruptcy.1 A judgment which is rendered in a tort action, before the petition in bankruptcy is filed, is a provable debt within the meaning of the bankrupt act, and accordingly is barred by a discharge.2 The discharge of a judgment in bankruptcy prevents subsequent proceedings from reviving a judgment which has become dormant.3

1 See Sec. 3132.

2 Crawford v. Burke, 105 U. S. 176, 49 L. ed. 147; Tindle v. Birkett, 205 U. S. 183, 51 L. ed. 762 [affirming, 183 N. Y. 267, 76 N. E. 25]; Clarke v. Rogers, 183 Fed. 518; Reynolds v. New York Trust Co., 188 Fed. 611, 39 L. R. A. (N.S.) 391.

3 Tindle v. Birkett, 205 U. S. 183, 51 L. ed. 762 [affirming, 183 N. Y. 267, 76 N. E. 25].

4 Crawford v. Burke, 195 U. S. 176, 49 L. ed. 147; Reynolds v. New York Trust Co., 188 Fed. 611, 39 L. R. A. (N.S.) 391.

5 Crawford v. Burke, 195 U. S. 176, 49 L. ed. 147; Reynolds v. New York Trust Co., 188 Fed. 611, 39 L. R. A. (N.S.) 391.

6 Reynolds v. New York Trust Co., 188 Fed. 611, 39 L. R. A. (N.S.) 391.

7 Clarke v. Rogers, 183 Fed. 518.

1 Alabama. Ellis v. Mobile, Jackson & Kansas City Ry., 166 Ala. 187, 51 So. 860.

California. Boggs v. Dunn, 160 Cal. 283, 116 Pac. 743.

New Jersey. Barnes Cycle Co. v. Hainese, 69 N. J. Eq. 651, 61 Atl. 515.

If a judgment is rendered after a petition in bankruptcy is filed, and before the discharge in bankruptcy is granted, the judgment itself is not a fixed liability when the petition is filed; and accordingly it is necessary to look to the nature of the original claim, to see whether it was a provable debt at the time that the petition in bankruptcy was filed or not.4 If the cause of action on which the subsequent judgment was rendered was a provable debt when the petition in bankruptcy was filed, the rendition of a judgment thereon after such petition was filed and before the discharge was ordered, does not prevent the discharge from operating as a bar; while if the original cause of action was not a provable debt, the rendition of a judgment after the petition in bankruptcy is filed, does not retroact to the date of the filing of the petition, and accordingly it does not make such cause of action a provable claim as of such date.5 If a claim in tort is reduced to judgment after proceedings in bankruptcy have been instituted, it is not a provable debt.6