Mitchell v. Bunch
New York Court of Chancery
This was an application to discharge a ne exeat. The complainant is a resident at the Havanna; and the defendant resides at Carthagena, and is a citizen of the Colombian government. In April, 1821, the defendant being in New-York, obtained his discharge under the act for the relief of debtors, with respect to the imprisonment of their persons.
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This was an application to discharge a ne exeat. The complainant is a resident at the Havanna; and the defendant resides at Carthagena, and is a citizen of the Colombian government. In April, 1821, the defendant being in New-York, obtained his discharge under the act for the relief of debtors, with respect to the imprisonment of their persons. He was afterwards sued in the supreme court, by the present complainant, and plead that discharge in bar of execution against his person. In January, 1822, judgment was rendered against the defendant in that suit for $42,381 ; exempting, however his…
1Opinion of the Court
The Chancellor.
It is not necessary in this case to inquire, whether under the 39th section of the title of the revised statutes which relates particularly to this court and its proceedings, (2 R. S. 174,) real property, out of the jurisdiction of the court, can be applied in satisfaction of the complainant’s judgment. Independent of the statute, this is clearly a case in which the court has jurisdiction to compel a debt- or, whose body is exempt from execution at law, to discover his property, so that it may be applied in satisfaction of his just debts. The case made by the complainant’s…
2Cited by63 opinions
- Hayes v. O'BrienIllinois Supreme Court · 1894
- Griswold v. HazardSupreme Court of the United States · 1891
- Hatch v. SpoffordSupreme Court of Connecticut · 1852
- Bethell v. BethellIndiana Supreme Court · 1884
- Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
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