Cooper v. Bigalow
New York Supreme Court
CooPer had judgment against Bigalow Searls, for $124,68, whereon the defendants were in prison upon a ca. s(li Bigalow had a verdict for six cents against Cooper-&■ ” ° i Henry, for an assault and battery, on which the plaintiff was to full costs, the cause having been brought here by Habeas Corpus. Both causes were in this Court. Cooper had assigned one half of his judgment to Henry.
1Opinion of the Court
Caria.
The bodies of the defendants, Bigalow Searls, being in execution, this is, in judgment of law, a satisfaction of the debt, We find this principle perfectly well settled, so much so, that a commission of bankruptcy cannot issue, upon the proof of a debt for which the bankrupt is in execution. (Burnaby's case, Str. 653.) It is no answer to say that the plaintiff may hereafter be entitled to a new execution, by the death of the defendants. At common law, this could not be done. (Foster v. Jackson, Hob. 52.)(a) But the statute makes it an exception. And the case mentioned of a discharge…
2Cited by13 opinions
- Campbell v. . CothranNew York Court of Appeals · 1874
- Koenig v. . SteckelNew York Court of Appeals · 1874
- Morrison v. MorrisonSupreme Court of New Hampshire · 1869
- Strawsine v. SalsburyMichigan Supreme Court · 1889
- Griswold v. HillU.S. Circuit Court for New York · 1825
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