Legal Opinion

Vreeland v. Bruen

Supreme Court of New Jersey

Decided October 15, 1847Published

The plaintiff sued out of Hudson county Circuit Court a writ of attachment, returnable to the term of September, 1842, against the defendant as a non-resident debtor, in a plea of trespass on the ease, and under it the defendant’s property, both real and personal, was attached. At the return of the writ the usual rules were taken, and auditors were appointed who adjusted the accounts of several creditors who had duly applied for that purpose.

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The plaintiff sued out of Hudson county Circuit Court a writ of attachment, returnable to the term of September, 1842, against the defendant as a non-resident debtor, in a plea of trespass on the ease, and under it the defendant’s property, both real and personal, was attached. At the return of the writ the usual rules were taken, and auditors were appointed who adjusted the accounts of several creditors who had duly applied for that purpose. In June Term, 1843, and before final judgment, the defendant appeared to the suit of the plaintiff and of the other applying creditors, and having filed…

1Opinion of the Court

The opinion of the court was delivered by

Randolph, J.

The second section of the bankrupt law, passed by Congress August’ 19, 1842, contains this proviso,— “ that nothing in this act contained shall be construed to annul, destroy, or impair any lawful rights of married women or minors, or any liens, mortgages, or other securities on property, real or personal, which may be valid by the laws of the States respectively, and which are not inconsistent with the second and fifth sections of this act.” . No difficulty arising in the case now under consideration, under the second and fifth sections of…

2Cases cited5 opinions

  1. Ex parte FosterU.S. Circuit Court for the District of Massachusetts · 1842
  2. Ex parte General AssigneeDistrict Court, N.D. New York · 1842
  3. Downer v. BrackettDistrict Court, D. Vermont · 1842
  4. Haughton v. EustisDistrict Court, D. Vermont · 1842
  5. In re CookU.S. Circuit Court for the District of Massachusetts · 1842

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