Ex parte Townsend v. Morrell
New York Supreme Court
The relator was arrested on a warrant issued under the fifth section of the act to abolish imprisonment for debt and to punish fraudulent debtors, Laws of 1831, p. 896, and brought before the commissioner. The warrant was sued out upon the application of one J. Sayre, a judgment creditor of the relator.
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The relator was arrested on a warrant issued under the fifth section of the act to abolish imprisonment for debt and to punish fraudulent debtors, Laws of 1831, p. 896, and brought before the commissioner. The warrant was sued out upon the application of one J. Sayre, a judgment creditor of the relator. The commissioner, after hearing proofs, was satisfied that the allegations of the complainant were substantiated; which allegations were, that the relator had property or rights in action, money or evidences of debt, which he unjustly refused to apply to the payment of the judgment which the…
1Opinion of the Court
By the Court,
Savage,. Ch. J..
The statute professes to have for its object the abolition of imprisonment for debt, and the punishment of fraudulent debtors. The jftrsi section declares the general principle that no person shall be arrested or imprisoned in a suit founded upon contract. The second makes some exceptions. The third and fourth provide for the issuingof a warrant against fraudulent debtors, and prescribe the evidence upon which such warrant shall issue; Such evidence must establish one, at least, of four particulars; 1. That the-defendant is about to remove some part of his…
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