Baker v. Judges of Ulster Common Pleas

As the judgment was contemporaneous with the discharge under the insolvent act, the defendant had no opportunity to plead his discharge. (2 Caines, 380. 1 Johns. Cases, 133.) He might have sought relief by an audita querela; but it is usual to grant the same relief on motion, and the rule of the court below was properly granted. The motion must be denied.

Rule refused.