Merry v. Sweet
New York Supreme Court
MOTION for a new trial, by the plaintiff, upon exceptions ordered to be heard in the first instance at general term. This action was brought to recover possession of a canal boat, called the “ O. H. Smith,” seized by the sheriff of Onondaga county upon an execution in favor of the defendant Sweet against Sylvester Jones. One of the questions litigated upon the trial related to the validity of the mortgage (given by Jones to George Merry) as against creditors.
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MOTION for a new trial, by the plaintiff, upon exceptions ordered to be heard in the first instance at general term. This action was brought to recover possession of a canal boat, called the “ O. H. Smith,” seized by the sheriff of Onondaga county upon an execution in favor of the defendant Sweet against Sylvester Jones. One of the questions litigated upon the trial related to the validity of the mortgage (given by Jones to George Merry) as against creditors. Another question involved the validity of an insolvent discharge, granted to Jones by the special judge of Onondaga county under the…
1Opinion of the CourtMorgan, J.
If the insolvent discharge of the judgment debtor, (Sylvester J ones,) is valid, it will be unnecessary to discuss the other questions raised by the plaintiff’s exceptions. This discharge which appears to be regular on its face, was objected to for want of jurisdiction in the special judge of Oswego county to grant it; and the defendant read in evidence the original petition and schedule upon which the discharge was granted for the purpose of showing a want of jurisdiction *477appearing upon the face of the papers. The discharge was under article 3, title 1, chapter 5, part 2d of the revised…
2Cases cited2 opinions
- Daniels v. . PattersonNew York Court of Appeals · 1849
- People ex rel. Stryker v. StrykerNew York Supreme Court · 1857