In re Brady
New York Court of Appeals
This is an appeal by the petitioner, Walter Brady, from an order of the general term of the supreme court of the first department, reversing an order of the special term, entered in a proceeding under title 1, chapter 5, article 6 of part 2 of the Revised Statutes, discharging the petitioner from imprisonment on execution, and denying the applicant’s petition for a discharge.
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This is an appeal by the petitioner, Walter Brady, from an order of the general term of the supreme court of the first department, reversing an order of the special term, entered in a proceeding under title 1, chapter 5, article 6 of part 2 of the Revised Statutes, discharging the petitioner from imprisonment on execution, and denying the applicant’s petition for a discharge. The petitioner was arrested in the two actions brought by the opposing judgment creditors for disposing of his property with intent to defraud his creditors. Motions were made in each of said actions to vacate said…
1Opinion of the CourtDonohue, J.
After the most careful examination of the case, it does not appear to me that there is any evidence to show that the defendant has in his possession or under his control any property or rights, which he now secretes or has secreted. In contemplation of these proceedings, his assignment carries with it any right he may have to all his property. I fully agree with judge Clerks, in “Matter of Latorie, the law did not intend a perpetual imprisonment.” If it appeared that the defendant was now concealing or attempting to conceal property, the imprisonment might continue until he did justice; but…
2Cases cited9 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- Tracey v. . AltmyerNew York Court of Appeals · 1871
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- Schenck v. . AndrewsNew York Court of Appeals · 1874
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