Matter of Roberts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying an application of the petitioner Andrew S. Roberts, as an insolvent debtor, to be exonerated and discharged from imprisonment. (Reported below, 10 Hun, 253.) The application was made under article 5, title 1, chapter 5, part 2 of the Revised Statutes.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, denying an application of the petitioner Andrew S. Roberts, as an insolvent debtor, to be exonerated and discharged from imprisonment. (Reported below, 10 Hun, 253.) The application was made under article 5, title 1, chapter 5, part 2 of the Revised Statutes. The petition was presented to, and an order to the creditors to show cause was granted by Justice Donohue, of the Supreme Court, residing hi the county of New York. The order was in the form of a Special Term…
1Per curiam
This was an application under the 5th article of title 1, chap. 5, part 2 of the Revised Statutes, for the purpose of exonerating the person of the petitioner from imprisonment. There are two objections not involving the merits, which we do not see any way to overcome. 1st. The application must be made to certain officers specified, and cannot be made to any court; and an order by such a person is not appealable either to the General Term or to this court. In the Brady Case (69 N. Y., 215), the application was under the 6th article, which authorizes it to be made to a court, and we held that…
2Cases cited1 opinion
- Matter of BradyNew York Court of Appeals · 1877
3Cited by6 opinions
- Eiss v. SummersAppellate Division of the Supreme Court of the State of New York · 1923
- People Ex Rel. Eckerson v. Board of TrusteesNew York Court of Appeals · 1896
- In re the Supplementary Proceedings of a Tax of Wright, Peters & Co.Appellate Division of the Supreme Court of the State of New York · 1902
- In re RobertsNew York Court of Common Pleas · 1878
- In re Wright, Peters & Co.Appellate Division of the Supreme Court of the State of New York · 1902
1 more not listed; retrieve them via the Exa API.