Legal Opinion

In re Locke

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1916Published

Appeal by The People of the State of New York from an order of the County Court of Chautauqua county, entered in the office of the clerk of said county on the 22d day of May, 1915, discharging- the relator from imprisonment. ■

1Opinion of the Court

Lambert, J.:

The respondent has been in confinement under a body execution issued upon a judgment recovered in this action for a penalty under the Conservation Law.

He seeks, and has been accorded, a discharge, under the provisions of article 5, sections 120 to 139 inclusive, of the Debtor and Creditor Law (Consol. Laws, chap. 12; Laws of 1909, chap. 17).

The State contends that the application for discharge fails to embody many essentials of the Debtor and Creditor Law. In such contention there seems to be some considerable merit. However, the County Court had before it all the parties and the…

2Cases cited4 opinions

  1. Matter of Murray Hill BankNew York Court of Appeals · 1897
  2. People v. . YoungNew York Court of Appeals · 1913
  3. People v. MonacoNew York Supreme Court · 1907
  4. In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912

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