Gonnigal v. Smith
New York Supreme Court
THE defendants in this cause, after a judgment obtained against them, were imprisoned on a ca. sa. issued thereon, and were discharged, pursuant to the 5th section of the act for the relief of debtors, in respect to the imprisonment of their persons, passed 24th March, 1801, by the court of common pleas of Schoharie county, and more than one year had elapsed since the said discharge.
Read the full summary
THE defendants in this cause, after a judgment obtained against them, were imprisoned on a ca. sa. issued thereon, and were discharged, pursuant to the 5th section of the act for the relief of debtors, in respect to the imprisonment of their persons, passed 24th March, 1801, by the court of common pleas of Schoharie county, and more than one year had elapsed since the said discharge. Two questions were submitted to the consideration of the court. 1. Whether a fi.fa. may issue, pursuant to the 7 th. section of the act, at any time hereafter, without reviving the judgment in the cause by scire…
1Per curiam
The fi.fa. may be issued, at any time, by the express words of the act, without a sci. fa. This seems to be the better opinion, notwithstanding the dictum of Mr. J. Buller to the contrary, in a like case. (1 Term Rep. 82.) The words of the act are,, (Laws, vol. 1. 294.) “ that notwithstanding the discharge of the prisoner, &c. the judgment shall remain in force,, and execution may, at any time, be taken out thereon, against the lands,” &c. These words ought to receive a literal interpretation, for the case is not within the reason of the law, requiring a revival of the judgment, because here…
2Cited by7 opinions
- Perkins v. BangsMassachusetts Supreme Judicial Court · 1910
- Browne v. ChavezSupreme Court of the United States · 1901
- Baker, Fry & Co. v. IngersollSupreme Court of Alabama · 1861
- Mayor v. EvertsonNew York Supreme Court · 1823
- Gibbons v. GoodrichAppellate Court of Illinois · 1878
2 more not listed; retrieve them via the Exa API.