Legal Opinion
Rusell v. Packard
New York Supreme Court
Decided August 15, 1832PublishedCited by 6 opinions
The defendant was arrested on the 5th June, 1832, on a ca. sa. on a judgment thirteen years old. He applied to be discharged from arrest on producing a discharge, as an insolvent debtor, granted to him in 1819, after the entry of the judgment. The plaintiffs attacked the regularity of the proceedings in obtaining the discharge and the validity of the discharge itself.
1Opinion of the Court
By the Court,
Sutherland, J.
The court will not on a motion of this kind inquire into the regularity of the proceedings, nor try the validity of the discharge on affidavit The plaintiff may resort to his action on the judgment. 1 Caines, 249. 9 Johns R. 259. Let the defendant be discharged from arrest
2Cited by6 opinions
- American Flask & Cap Co v. SonThe Superior Court of New York City · 1867
- American Flask & Cap Com. v. SonNew York Supreme Court · 1867
- Bangs v. StrongNew York Supreme Court · 1845
- Deyo v. Van Valkenburgh & LelandNew York Supreme Court · 1843
- Graham v. PiersonNew York Supreme Court · 1843
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