In re Lowell

In the Matter of Finch (59 How. Pr. 145), Judge Van Voest decided that the proceedings of the imprisoned debtor had not been just and fair, because he had spent upon Ms family the proceeds of property that had, to his knowledge, been obtained by theft from the judgment creditor. The debtor himself had not committed the theft, but he had been informed of it before he used the avails of the property for the support of his family. The learned judge was of opinion that an imprisoned debtor who knowingly appropriates to his own use the property of which his judgment creditor has been deprived by…