Legal Opinion

Manhattan Co. v. Smith

New York Supreme Court

Decided May 15, 1803PublishedCited by 1 opinion

This was an application for a supersedeas, for not being charged in execution in due time, according to the act for the relief of debtors, with respect to the imprisonment of their persons. The counsel for the plaintiff relied on Brantingham's Case, Cole. Cas. 42. The *Court, without hearing any argument for [*68] t he defendant, said, the authority cited was conclusive.(a)

1Opinion of the Court

Livingston, J.,

acquiesced, because it had been so decided, but confessed he did not believe the legislature intended the construction put upon the act by the court should ever be given to it. The rigor of the practice was, in, his opinion, enough to condemn it, for he thought the neglect in the plaintiff ought to accrue to the advantage of the prisoner.

Supersedeas refused.

2Cited by1 opinion

  1. Watt v. HealyNew York Supreme Court · 1880