Mather & Strong v. Bush
New York Supreme Court
MOTION to set aside the fieri facias issued in this cause, ^ v u 7 on the ground that the defendant, on the 16th of August, 1817, was duly discharged from all his debts, under the “ Act for giving relief in cases of insolvency,’’ passed April 12, 1813, (1 IN'. R. L. 460. sess. 36. ch. 98.) It appeared that the judgment in favour of the plaintiffs was entered up in May, 1817, on a contract made in March, 1816; and that both the parties were, at the time of passing the act,…
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MOTION to set aside the fieri facias issued in this cause, ^ v u 7 on the ground that the defendant, on the 16th of August, 1817, was duly discharged from all his debts, under the “ Act for giving relief in cases of insolvency,’’ passed April 12, 1813, (1 IN'. R. L. 460. sess. 36. ch. 98.) It appeared that the judgment in favour of the plaintiffs was entered up in May, 1817, on a contract made in March, 1816; and that both the parties were, at the time of passing the act, and r ' j: - o ever since have been, citizens of this state. . Similar applications were made to the Court, in other…
1Opinion of the Court
Spencer, Ch. J. delivered the opinion of the Court.
A motion has been made in this case, to set aside the execution, on the ground, that since the rendition of the judgment, the defendant has been duly and regularly discharged, under the insolvent act of this state, passed the 12th of- ■ April, 1813. (1 JV. R. L. 460.) It appears that the contract on which the judgment was founded was entered into in March, 1816 ; and that the discharge of the defendant under the insolvent act, was granted on the 16th of August, 1817. It further appears, that the parties were both citizens of this state,…
2Cases cited1 opinion
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
3Cited by13 opinions
- Dresser v. BrooksNew York Supreme Court · 1848
- Ward v. Van BokkelenNew York Court of Chancery · 1828
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- North River Steam Boat Co. v. LivingstonNew York Supreme Court · 1824
- Deering v. BoyleSupreme Court of Kansas · 1871
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