Service v. Heermance
New York Supreme Court
THIS was an action of debt on a judgment in this court. The defendant pleaded, that after the rendering the said judgment, and before the commencement of the present suit, to wit, on the 4th day of June, 1803, the defendant, being an insolvent debtor, within the true intent and meaning of the act, for giving relief in cases of insolvency,"did, in conjunction with three-fourths of his creditors, &c. present a petition to the Recorder of the city of New-Tork; (which petition…
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THIS was an action of debt on a judgment in this court. The defendant pleaded, that after the rendering the said judgment, and before the commencement of the present suit, to wit, on the 4th day of June, 1803, the defendant, being an insolvent debtor, within the true intent and meaning of the act, for giving relief in cases of insolvency,"did, in conjunction with three-fourths of his creditors, &c. present a petition to the Recorder of the city of New-Tork; (which petition was in the usual form) and that such proceedings were thereupon had, agreeably to the said act, that the said Recorder,…
1Opinion of the CourtSpencer, J.
now delivered the opinion of the court.' The 11th section of the insolvent act, authorises the' *92pleading of the general issue, and giving the special matter in evidence, when the insolvent is prosecuted for a debt existing antecedently to the discharge; but this is a case where that provision became inoperative, because there is no general issue which could have been pleaded triable, by the country, hence the necessity of a special plea.
There are then only two questions for consideration-.
1», Whether the defendant was. bound to set forth any thing further than his discharge under the act, by…
2Cited by19 opinions
- Wyman v. MitchellNew York Supreme Court · 1823
- Gray v. McNealSupreme Court of Georgia · 1853
- Barnes v. HarrisNew York Supreme Court · 1848
- People v. Quimby, New York County Courts1911
- Varnum v. WheelerCourt for the Trial of Impeachments and Correction of Errors · 1845
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