Legal Opinion

Johnson v. Ball

Superior Court of New Hampshire

Decided July 15, 1844PublishedCited by 2 opinions

Assumpsit. The defendant pleaded in bar, because since the last continuance, to wit, on the 5th of August, 1842, at a district court for the southern district of New-York, he, haying filed his petition by the name of Joseph Brown Ball, of the city of New-York, praying to be discharged in full from all his debts, and for a certificate of discharge, pursuant to the act of Congress, passed, &c., and haying bond fide surrendered all his property and rights of property, with the…

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Assumpsit. The defendant pleaded in bar, because since the last continuance, to wit, on the 5th of August, 1842, at a district court for the southern district of New-York, he, haying filed his petition by the name of Joseph Brown Ball, of the city of New-York, praying to be discharged in full from all his debts, and for a certificate of discharge, pursuant to the act of Congress, passed, &c., and haying bond fide surrendered all his property and rights of property, with the exception, &c., and haying fully complied with all the orders and directions which had been made by the court, and…

1Opinion of the CourtParker, C. J.

A brief plea of a discharge in bankruptcy is given in England, by statute, in certain cases. 9 Hast 82, Harris vs. James. In those cases to which the statute does not apply, it is said to be best to set out the proceedings at large, and there are *408precedents of that character. But this seems to be unnecessary and is very onerous. If the court appears to have had jurisdiction, and to have granted the discharge, any mere error in the course of its proceedings would not avail to defeat the discharge. If, therefore, the proceedings were set forth in detail, according to the precedents, it would…

2Cases cited1 opinion

  1. Roosevelt v. KelloggNew York Supreme Court · 1822

3Cited by2 opinions

  1. Cutter v. FolsomSuperior Court of New Hampshire · 1845
  2. Morrison v. WoolsonSuperior Court of New Hampshire · 1854

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