People, ex rel. Comter v. Reed
New York Supreme Court
Certiorari to Archibald Bull, Esquire, a judge of Rensselaer county courts. The defendants had been arrested under the provisions of the act to abolish imprisonment for debt, and applied to the officer for a discharge upon making the assignment as provided by the act. The petition set forth that the petitioners had given “ a bond pursuant to the 101A section of the act.”
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Certiorari to Archibald Bull, Esquire, a judge of Rensselaer county courts. The defendants had been arrested under the provisions of the act to abolish imprisonment for debt, and applied to the officer for a discharge upon making the assignment as provided by the act. The petition set forth that the petitioners had given “ a bond pursuant to the 101A section of the act.” The application was opposed by the relator upon several grounds, one of which was that the papers did not show enough to give the officer jurisdiction. The officer decided that they gave him jurisdiction, and proceeded upon…
1Opinion of the Court
By the Court, Whittlesey, J.
To give the officer jurisdiction, the petitioners must have been either 1, committed after their arrest under the act; or 2, have given the bond specified in the fourth subdivision of the tenth section of the act; or 3, have had a suit commenced against them in a court of record, in which by the provisions of the act they could not be imprisoned. (Sess. Laws, 1831, p.399, §. 12.) The application here was probably on the ground of having given the bond mentioned in the fourth subdivision of section tenth. The petition states that a bond pursuant to the 10th section…
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