Varnum v. Wheeler
Court for the Trial of Impeachments and Correction of Errors
Demurrer to plea. Debt oil a judgment rendered in Vermont. Plea, 1. Nil debet. 2. Actio non, because, &c. (averring that the defendant was a resident and inhabitant of the northern district of New-York,) he the said defendant on, &c. at, &c.
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Demurrer to plea. Debt oil a judgment rendered in Vermont. Plea, 1. Nil debet. 2. Actio non, because, &c. (averring that the defendant was a resident and inhabitant of the northern district of New-York,) he the said defendant on, &c. at, &c. “presented to the district court of the United States for the northern district of New-York, a petition setting forth” that he was such resident, “and that he owed debts which had not been created in consequence of a defalcation as a public officer, or as executor, administrator, guardian or trustee, or while acting in any other fiduciary character; and…
1Per curiam
The bankrupt act (§ 1) provides that “ all persons” “ owing debts,” <fcc. “ who shall by petition,” &c. “ apply to the proper court,” &c. “ shall be deemed bankrupts with*332in the purview of this act, and may be so declared accordingly.” It should have been positively averred in the plea that the defendant at the time of presenting his petition owed debts. The averment is that the petition set forth that he owed debts. This is not sufficient. Facts which are necessary to confer jurisdiction must be positively stated.(a) Such has always been the manner of pleading under the insolvent acts of this…
2Cases cited1 opinion
- Service v. HeermanceNew York Supreme Court · 1806
3Cited by7 opinions
- Sorden v. GatewoodIndiana Supreme Court · 1848
- Stanton v. . EllisNew York Court of Appeals · 1855
- McCormick v. . PickeringNew York Court of Appeals · 1850
- Perry Manuf'g Co. v. BrownU.S. Circuit Court for the District of Massachusetts · 1847
- Coates v. SimmonsNew York Supreme Court · 1848
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