Legal Opinion

People v. White

New York Supreme Court

Decided August 15, 1857PublishedCited by 4 opinions

Application for a discharge from imprisonment on execution. The defendant presented a petition under article6, of chap. 5, part 2, of the Revised Statutes, entitled “ of voluntary assignments by a debtor imprisoned in execution in civil causes,'” stating that he is and has been, since -the 25th of November, 1856, confined in the jail of Monroe county, upon an execution issued out of this court, in this action, upon a judgment for the sum of $29,193.35, recovered Sept. 10,…

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Application for a discharge from imprisonment on execution. The defendant presented a petition under article6, of chap. 5, part 2, of the Revised Statutes, entitled “ of voluntary assignments by a debtor imprisoned in execution in civil causes,'” stating that he is and has been, since -the 25th of November, 1856, confined in the jail of Monroe county, upon an execution issued out of this court, in this action, upon a judgment for the sum of $29,193.35, recovered Sept. 10, 1856. With such petition was presented an inventory of the estate of the petitioner annexed thereto, and the same was…

1Opinion of the Court

E. Darwin Smith, Justice.

The petitioner is a public defaulter. The proofs show that the judgment upon which he is imprisoned, was recovered against him as treasurer of the county of Livingston, for the proportion of the state tax of 1855, assessed upon the said county, and duly collected and paid to the defendant according to law, and which it was his *500duty to have paid to the state treasurer on the 1st of day March, 1856.

The warrants of the collectors of taxes being returnable on the first day of February, and the collectors being bound to pay to the county treasurer the moneys in their…

2Cited by4 opinions

  1. In re FowlerNew York Court of Common Pleas · 1880
  2. In re BradyNew York Court of Appeals · 1877
  3. In re BradyNew York Court of Appeals · 1877
  4. In re RosenbergNew York Court of Common Pleas · 1871

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