Legal Opinion

People ex rel. Latorre v. O'Brien

New York Court of Appeals

Decided March 15, 1869Published

The relator, having been arrested in two several proceedings, had in accordance with the act entitled “ An act to abolish imprisonment for debt, and to punish fraudulent debtors” (L. 1831, c. 300, p. 39G), was brought before a judge, who, being satisfied in each case that the allegations made in that behalf were substantiated, and that the relator fraudulently contracted the debt (for the recovery of which an action had been brought), and also that he had fraudulently…

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The relator, having been arrested in two several proceedings, had in accordance with the act entitled “ An act to abolish imprisonment for debt, and to punish fraudulent debtors” (L. 1831, c. 300, p. 39G), was brought before a judge, who, being satisfied in each case that the allegations made in that behalf were substantiated, and that the relator fraudulently contracted the debt (for the recovery of which an action had been brought), and also that he had fraudulently disposed of his property with intent to defraud his creditors, committed him to jail, to be there detained until discharged by…

1Opinion of the Court

By the Court.

Woodruff, J.

[After stating the facts.]— The relator asserts that the affirmance by the general term is erroneous on two principal grounds, to wit: That the act in pursuance of which he was arrested and committed, has been superseded by subsequent legislation embraced in the Code of Procedure; and that certain proceedings had, after such commitment, before the city judge, under an act entitled “ Of voluntary assignments by an insolvent for the purpose of exonerating his person from imprisonment,” passed in 1813, amended in 1819, and re-enacted in the Revised Statutes which took…

2Cases cited4 opinions

  1. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
  2. Lynde v. MontgomeryNew York Supreme Court · 1836
  3. Spear & Ripley v. WardellNew York Court of Appeals · 1848
  4. Hall v. . KelloggNew York Court of Appeals · 1855

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