Wyman v. Mitchell
New York Supreme Court
Debt, on a judgment of this Court for $518,68, of August Term, 1816, upon promises. Plea, that the defendant, on the 17th October, 1817, at Rensselaerville, in the county of Albany, being then ana there an insolvent debtor, &c. did, &c.
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Debt, on a judgment of this Court for $518,68, of August Term, 1816, upon promises. Plea, that the defendant, on the 17th October, 1817, at Rensselaerville, in the county of Albany, being then ana there an insolvent debtor, &c. did, &c. P6^^011 •&. Moore, first judge of said county, &c. and on the 30th December, 1817, was discharged under the insolvent act of this state, passed April 12th, 1813. The discharge rcc‘^e^ that the defendant, of the city of Albany, fc. presented his petition, &c. Replication, that the judgment declared on, was rendered upon a judgment obtained on the 3d Tuesday of…
1Opinion of the CourtWoodworth, J.
The defendant’s plea does not state enough to give the Judge jurisdiction. The act requires application tu be made in the county, of which the person applying is an inhabitant. The plea alleges, that the defendant, at Rensselaerville, in the county of Albany, was an insolvent debtor, within the meaning of the act. There is no averment that he was an inhabitant. The rule is, that *319the defendant must show, affirmatively, that the officer had jurisdiction. -The want of a proper averment cannot be supplied by the discharge itself. The presumption, that the Judge did his duty, and required those…
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