In re Wrigley
New York Supreme Court
Certiorari to the recorder of New-York to send up the petition of the insolvent for a discharge under the act to abolish imprisonment for debt, and the proceedings thereon, with all things touching the same.
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Certiorari to the recorder of New-York to send up the petition of the insolvent for a discharge under the act to abolish imprisonment for debt, and the proceedings thereon, with all things touching the same. The recorder returned that on the 17th June, 1828, the insolvent presented his petition, with the usual accompanying papers, amongst which was an affidavit that the insolvent was “ an inhabitant, actually residing within the city and county of New-York ; ” upon which he made an order for the creditors to shew cause why a discharge should not be granted. On the day of shewing cause, the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question arising in this case upon the return of the recorder of New-York to the certiorari is, whether the insolvent was an inhabitant of the city and county of New-York.
Every person applying for a discharge must make his application in the county of which he may be an inhabitant, or within which he may be imprisoned. (1 R. L. 463, § 6.) The question is was Wrigley an inhabitant of New-York within the meaning of the act 1
An inhabitant is defined by Jacob to be a dweller or householder. The word inhabitants includes tenants in fee simple, for life, years,…
2Cases cited2 opinions
- In re ThompsonNew York Supreme Court · 1828
- In re FitzgeraldNew York Supreme Court · 1805
3Cited by15 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- Barney v. OelrichsSupreme Court of the United States · 1891
- Crawford v. WilsonNew York Supreme Court · 1848
- Isham v. GibbonsNew York Surrogate's Court · 1849
- Board of Supervisors v. DavenportIllinois Supreme Court · 1866
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