King v. Kirby
New York Supreme Court
THIS is a common law certiorari directed to Ms Honor Justice Gould, to review certain proceedings had before Mm under the non-imprisonment act of 1831, wMch resulted in the discharge by him of the defendant Jacob B. Kirby from imprisonment, “ on the ground that the proceedings could not be prosecuted by Harvey J. King as the assignee of the judgment.”
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THIS is a common law certiorari directed to Ms Honor Justice Gould, to review certain proceedings had before Mm under the non-imprisonment act of 1831, wMch resulted in the discharge by him of the defendant Jacob B. Kirby from imprisonment, “ on the ground that the proceedings could not be prosecuted by Harvey J. King as the assignee of the judgment.” The papers disclose a case of fraud, which, independent of the question upon which the judge based the discharge, would have authorized the arrest and imprisonment of the debtor under the provisions of the non-imprisonment act of 1831. (Laws of…
1Opinion of the Court
By the Court, Hogeboom, J.
Prior to the act of 1831, imprisonment was one of the remedies authorized by law to enforce the collection of debts. By that law this remedy was abolished, except in certain cases. The excepted cases were in general where there was an intended fraudulent removal, or a fraudulent concealment, or a fraudulent assignment or disposition of property; or a fraudulent refusal to apply it to the payment of a debt; or a fraudulent contracting of the debt or incurring of the obligation respecting which the suit was brought. It cannot be denied that the plaintiff’s debt, as to…
2Cited by5 opinions
- McGovern v. PaynNew York Supreme Court · 1859
- Arthurton v. DalleyNew York Supreme Court · 1860
- People ex rel. Hirsch v. WeissbrodNew York Supreme Court · 1942
- Baker v. DieterichSupreme Court of New Jersey · 1922
- In re LiebermanAppellate Division of the Supreme Court of the State of New York · 1933