Colby v. Ledden
Superior Court of New Hampshire
In Error. The original action was debt on judgment, commenced August term, 1837, in favor of Ledden v. Colby. October term, 1843, the original defendant pleaded in bar to the further maintenance of the action, his discharge in bankruptcy and certificate thereof; The plaintiff replied an attachment of property on the writ, before the defendant filed his petition, &c. Demurrer and rejoinder.
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In Error. The original action was debt on judgment, commenced August term, 1837, in favor of Ledden v. Colby. October term, 1843, the original defendant pleaded in bar to the further maintenance of the action, his discharge in bankruptcy and certificate thereof; The plaintiff replied an attachment of property on the writ, before the defendant filed his petition, &c. Demurrer and rejoinder. The court rendered a special judgment, with execution against the property attached, and this writ of error is brought for the reversal of that judgment.
1Opinion of the CourtParker, C. J.
This writ of error is probably prosecuted for the purpose of obtaining the judgment of the Supreme Court of the United States upon a question which should have been submitted to that tribunal long since. The case Ex parte the City Bank of New-Orleans, cited in the argument, has been under our consideration upon the present circuit, in the case Peck v. Jenness in Error, in the county of Cheshire (16 N. H. Rep. 516), and we find in it nothing to change the opinion which we have heretofore had occasion to express upon very mature deliberation. This case is not a proceeding in bankruptcy. It came…
2Cases cited3 opinions
- Kittredge v. WarrenSuperior Court of New Hampshire · 1844
- Kittredge v. EmersonSuperior Court of New Hampshire · 1844
- Peck v. JennessSuperior Court of New Hampshire · 1845