People Ex Rel. Kenyon v. . Sutherland
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of Special Term, setting aside a discharge of the defendant in proceedings under the two-third act, which were brought up for review by certiorari. The relator moved as assignee of Charles Storrs, a creditor of defendant.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment of Special Term, setting aside a discharge of the defendant in proceedings under the two-third act, which were brought up for review by certiorari. The relator moved as assignee of Charles Storrs, a creditor of defendant. (Reported below, 16 Hun, 192.) The principal questions arose on the form of the paper purporting to be an affidavit of service upon the creditors of the order to show cause The paper was as follows : “ City oe Brooklyn, ) County of Kings, j ss'' being duly…
1Opinion of the CourtFolger, J.
There is no objection made to the form of the order discharging the insolvent from his debts. It will be effectual in its terms for that purpose, if the officer signing it has duly observed all the prerequisites of the statutes.
There are several particulars in which it is claimed that he has not.
First. It is contended that he did not have proof that notice of the order to show cause (2 B. S., p. 18, § 8) had been duly served upon the creditors. (Oh. 366, Laws of 1847, p. 470, §§ 1, 2.) By the last cited act he is prohibited from proceeding in the matter, when the place of residence of…
2Cases cited6 opinions
- Staples v. . FairchildNew York Court of Appeals · 1849
- Folliard v. WallaceNew York Supreme Court · 1807
- Jackson ex dem. Kenyon v. VirgilNew York Supreme Court · 1808
- Millius v. ShaferNew York Supreme Court · 1846
- Hathaway v. ScottNew York Court of Chancery · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- O'Reiley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Ponsrok v. City of YonkersNew York Court of Appeals · 1930
- Markey v. StateSupreme Court of Florida · 1904
- Crombie v. LittleSupreme Court of Minnesota · 1891
- Bookman v. . City of New YorkNew York Court of Appeals · 1910
21 more not listed; retrieve them via the Exa API.