Legal Opinion
In re Thomas
New York Court of Common Pleas
Decided April 15, 1871PublishedCited by 1 opinion
Motion to dismiss the proceedings of the petitioner en the ground of former adjudication.
1Opinion of the CourtJoseph P. Daly, J.
The petitioner, Archibald A. Thomas, is charged in execution against the person, and seeks a discharge under the Revised Statutes (2 Rev. Stat., 31, part II., ch. 5, tit. 1, art. 6).
It appears that a similar application had been made by him and denied, before this. ■ It was denied on the ground that the petitioner’s proceedings had not been just and fair. It appeared from the examination of the petitioner under such former proceedings, that he was possessed of certain property or interests which he had not put in his schedule or petition. This the judge considered sufficient ground for…
2Cases cited4 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Demarest v. . DargNew York Court of Appeals · 1865
- In re Da CostaNew York Supreme Court · 1847
- People v. BurtnettThe Superior Court of New York City · 1861
3Cited by1 opinion
- Rogers v. MarshallNew York Supreme Court · 1869