Woodard v. Herbert
Supreme Judicial Court of Maine
Debt on a bond, dated Nov. 2, 1841, given by Herbert as principal and French as surety, to procure the release of Herbert from arrest upon a writ in favor of the plaintiff against him. All the facts appearing in the agreed statement of the parties will be found in the opinion of the Court, and therefore need not be here again stated. Written arguments were furnished on May 2, 1845, by Among the grounds of argument in support of the action were these.
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Debt on a bond, dated Nov. 2, 1841, given by Herbert as principal and French as surety, to procure the release of Herbert from arrest upon a writ in favor of the plaintiff against him. All the facts appearing in the agreed statement of the parties will be found in the opinion of the Court, and therefore need not be here again stated. Written arguments were furnished on May 2, 1845, by Among the grounds of argument in support of the action were these. The certificate of discharge relieves the debtor only from debts which “ are proveable” under the bankrupt act. But this is not a debt…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
It appears from the agreed statement, that the defendant, Herbert, was arrested on mesne process; and that he, with the defendant, French, as his surety, on November 22, 1841, made the bond, on which this suit was brought, to be liberated from that arrest; that the defendant, French, filed his petition in bankruptcy on February 25, 1842, and was declared to be a bankrupt by a decree of the District Court of the United States on the fifth day of April following. He obtained his certificate of discharge oh January 30, 1844. The plaintiff did not…
2Cited by10 opinions
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- Byers v. AlcornAppellate Court of Illinois · 1880
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