United States v. Hewes
District Court, E.D. Pennsylvania
The defendant in this case [Samuel F. Hewes] was in execution on a judgment rendered for the plaintiffs, on a debt due before the 5th July, 1838; he was discharged, by the court of common pleas of Philadelphia county, as an insolvent, under the insolvent law of the state of Pennsylvania, on the 5th of July, 1838; and petitioned this court that he might be liberated from imprisonment, under the provisions of the act of February 28, 1839. The United States are bound by the…
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The defendant in this case [Samuel F. Hewes] was in execution on a judgment rendered for the plaintiffs, on a debt due before the 5th July, 1838; he was discharged, by the court of common pleas of Philadelphia county, as an insolvent, under the insolvent law of the state of Pennsylvania, on the 5th of July, 1838; and petitioned this court that he might be liberated from imprisonment, under the provisions of the act of February 28, 1839. The United States are bound by the discharge given by the court of common pleas, all the requirements of the law have been complied with, and the petitioner…
1Opinion of the Court
HOI'KINSON, District Judge.
A suit was brought by the L'nited States, against the defendant, to the last November sessions, and a judgment rendered against him. Upon this judgment a writ of capias ad satisfa-ciendum was issued, the defendant arrested, and committed to prison. He has presented ins petition, praying to be discharged from imprisonment, by virtue of an act of congress, passed on the 28th day of February, 1839, entitled "An act to abolish imprisonment for debt in certain cases." by which it is enacted, “that no person shall be imprisoned for debt in any state on process issuing out…
2Cases cited2 opinions
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
- People v. RossiterNew York Supreme Court · 1825
3Cited by4 opinions
- Davis v. CoyleCourt of Appeals for the Second Circuit · 1922
- County of DeKalb v. City of AtlantaSupreme Court of Georgia · 1909
- State v. National Surety Co.Idaho Supreme Court · 1916
- Kennedy v. Silas Mason Co.District Court, W.D. Louisiana · 1946