Koch v. Burpo

The opinion of the court was delivered by

Kalisch, J.

The fundamental question presented for 'decision upon this rule to show cause is whether or not an insolvent debtor, who has twice made application for his discharge, under the insolvent laws of this state, and had twice been refused by the court, m,ay lawfully malte another application for his discharge.

The plaintiff sued the defendant, sheriff of Passaic county, for an escape. The case was tried at the Essex Circuit, before Judge Adams, sitting without a jury, who found for the defendant upon the following facts.

*117The plaintiff had recovered…