Luther v. Deyo
New York Supreme Court
Motion to be discharged from custody. The defendant Deyo was arrested on a capias ad satisfaciendum issued on a judgment obtained in 1836, in an action of trover.
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Motion to be discharged from custody. The defendant Deyo was arrested on a capias ad satisfaciendum issued on a judgment obtained in 1836, in an action of trover. Previous to his arrest, to wit, on the 26th August, 1837, he had obtained an insolvent's discharge upon the application of himself and his creditors in conformity to the provisions of the statute relative to insolvent debtors, and now upon the production of the discharge moved that he be released from custody. for the plaintiff, opposed the motion, insisting that the discharge did not affect debts arising ex delicto, and that it…
1Opinion of the Court
The Chief Justice took the papers for consideration, and at a subsequent day, directed a rule to be entered that the defendant be discharged from custody. No formal opinion was delivered.
Motion granted.*
During this term, the same question arose upon a similar application to be discharged from custody on a ca. sa„ issued in the cause of Stewart v. Kilt-mar, which was an action of replevin, on the ground of an insolven^discharge, granted under the article of the statute regulating voluntary assignments by an insolvent for the purpose of exonerating his person from imprisonment, and the same…
2Cited by6 opinions
- Sellick v. HallSupreme Court of Connecticut · 1879
- Creble v. YouzwiakNew York Supreme Court · 1930
- In re SidleDistrict Court, S.D. Ohio · 1868
- Deyo v. Van Valkenburgh & LelandNew York Supreme Court · 1843
- Hayden v. PalmerNew York Supreme Court · 1840
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