In re Wendell
New York Supreme Court
THIS was a motion for mandamus to the Mayor’s Court of the city of Albany, to require and command that Court to set aside a rule, setting aside a fieri facias issued out of that Court, in favour of Thomas Trevor against Daniel T. Wendell.
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THIS was a motion for mandamus to the Mayor’s Court of the city of Albany, to require and command that Court to set aside a rule, setting aside a fieri facias issued out of that Court, in favour of Thomas Trevor against Daniel T. Wendell. It appeared that the judgment was rendered the 4th day of December, 1816, on a note given on the 8th of October, 1812; and that Wendell was discharged on the 19th of June, 1817, under the insolvent act of the 12th of April, 1813. (1 R. L. 460.) On the motion in the mayor’s court, something was said as to the irregularity of issuing the execution without a…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. If we are to consider Wendell as discharged under an insolvent act passed posterior to the contract he has made, then the principles adopted by the Supreme Court of the United States, in Sturges v. Crowningshield, are directly applicable ; and any further discussion is precluded by the cases of Mather v. Bush, and Roosevelt v. Cebra. It does not become us to evade the decision in Sturges v. Crowningshield, by any subtleties or refinements; and unless there bé a valid distinction between that case and this, we must give *154effect to the judgment…
2Cited by11 opinions
- Wyman v. MitchellNew York Supreme Court · 1823
- Dresser v. BrooksNew York Supreme Court · 1848
- Sherrill v. HopkinsNew York Supreme Court · 1823
- Salters v. TobiasNew York Court of Chancery · 1831
- Owens v. BowieCourt of Appeals of Maryland · 1852
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