Kittredge v. Warren
Superior Court of New Hampshire
Assumpsit. The case came before the court, upon a statement of facts, from which it appeared that the writ was made returnable at the September term of the common pleas, A. D. 1842, was duly served by an attachment of the property of the defendant, and was entered and continued to the February term, 1843. Subsequent to the attachment, the defendant filed his petition to he declared a bankrupt, and received his discharge previous to the February term of the C. C. P., 1843. At…
Read the full summary
Assumpsit. The case came before the court, upon a statement of facts, from which it appeared that the writ was made returnable at the September term of the common pleas, A. D. 1842, was duly served by an attachment of the property of the defendant, and was entered and continued to the February term, 1843. Subsequent to the attachment, the defendant filed his petition to he declared a bankrupt, and received his discharge previous to the February term of the C. C. P., 1843. At that term he pleaded his discharge in bar of the plaintiff’s suit. To this plea the plaintiff replied, that he had…
1Opinion of the Court
Parker, O. J.
The defendant, in his plea, relies upon the act of Congress of August 19, 1841, and upon certain proceedings in bankruptcy, resulting in his discharge under that act, as a bar to the farther prosecution of this suit.
No exception has been taken by the plaintiff to the constitutionality of the act; and the agreement of the parties seems to exclude him from raising a question of that character, in this court. Were we disposed to raise a question of *511that description for our own consideration, it would be founded upon the fact, that the act provides no common tribunal for its…
2Cases cited14 opinions
- Poole v. SymondsSuperior Court of New Hampshire · 1818
- Clindenin v. AllenSuperior Court of New Hampshire · 1828
- Dodge v. GriswoldSuperior Court of New Hampshire · 1837
- Buckman v. BuckmanSuperior Court of New Hampshire · 1828
- Burnham v. FolsomSuperior Court of New Hampshire · 1832
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kittredge v. EmersonSuperior Court of New Hampshire · 1844
- Rodman v. YoungSupreme Court of New Hampshire · 1996
- Parker v. WaySuperior Court of New Hampshire · 1844
- Keniston v. LittleSuperior Court of New Hampshire · 1855
- Hollister v. AbbottSuperior Court of New Hampshire · 1855
3 more not listed; retrieve them via the Exa API.