Wheeler v. Townsend
New York Supreme Court
Demurrer to plea. To a declaration of debt on judgment, the defendant pleaded that on the 30th May, 1818, he the defendant, having been actually imprisoned in the debt- or’s jail in New-York for sixty days then last past and upwards, upon execution in a civil action, within the true intent and meaning of the act for giving relief in cases of insolvency, and the acts amending the same, application was made to ithe recorder of New-York by one Samuel Townsend, a creditor of the…
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Demurrer to plea. To a declaration of debt on judgment, the defendant pleaded that on the 30th May, 1818, he the defendant, having been actually imprisoned in the debt- or’s jail in New-York for sixty days then last past and upwards, upon execution in a civil action, within the true intent and meaning of the act for giving relief in cases of insolvency, and the acts amending the same, application was made to ithe recorder of New-York by one Samuel Townsend, a creditor of the defendant, for relief, pursuant to the said acts, ¡(the said creditor being apprehensive that the estate or effects of…
1Opinion of the Court
*248 By the Court,
Sutherland, J.
The demurrer is well taken. In order to give the officer jurisdiction, to whom application is made for a discharge, under the ninth section of the act for giving relief in cases of insolvency, and the acts amending the same, (1 R. L. 464 ; Statutes, vol. 4, p. 41, b. and p. 23, c.) it is necessary not only that the debtor should have been actually imprisoned for sixty days or upwards, upon execution in a civil action, but it must also appear that he is indebted to the creditor who makes the application, in a sum not less ‘than $25. The proceedings under the ninth…
2Cited by4 opinions
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