Graham v. Pierson
New York Supreme Court
The plaintiffs sued Pierson as sheriff of Erie county, in an action on the case for not returning an execution. The plea was not guilty.
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The plaintiffs sued Pierson as sheriff of Erie county, in an action on the case for not returning an execution. The plea was not guilty. The defendant succeeded in the suit, and recovered costs against the plaintiffs, which were taxed at $256,51. Judgment was perfected on the 20th of October, 1841. In February following, the plaintiff Graham became a petitioner under the bankrupt law, and in June, 1842, he obtained a certificate of discharge from all his debts provable under the act and owing by him at the time of presenting the petition. The defendant afterwards issued a ca. sa. on the…
1Opinion of the Court
By the Court, Bronson, J.
The judgment which the defendant recovered against Graham for costs, was a debt provable under the bankrupt act, and is consequently reached by the discharge.(a) If the defendant chooses to bring a suit on the judgment, Graham can then plead his certificate. But so far as relates to the execution now in the sheriff’s hands, or any other execution to be issued on the judgment, Graham has no means of availing himself of the discharge except by motion. He is therefore entitled to a perpetual stay of execution, (b)
Ordered accordingly.
See Crouch v. Gridley, (post, p. 250;)…
2Cases cited2 opinions
- Rusell v. PackardNew York Supreme Court · 1832
- Field v. HowlandNew York Supreme Court · 1819