Stanton v. Ellis
New York Supreme Court
Appeal by the defendant from a judgment entered against him, at a special term. The complaint alleged the recovery of a judgment in the supreme court, on the 11th day of February, 1843, in favor of George W. Stanton, George W. Stanton, jun. and Charles H. Stanton, against the defendant Joseph F. El-lis, for $601,12, which remains in full force, unpaid, &e.
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Appeal by the defendant from a judgment entered against him, at a special term. The complaint alleged the recovery of a judgment in the supreme court, on the 11th day of February, 1843, in favor of George W. Stanton, George W. Stanton, jun. and Charles H. Stanton, against the defendant Joseph F. El-lis, for $601,12, which remains in full force, unpaid, &e. That on the 10th of September, 1845, C. H. Stanton transferred his interest in the judgment to G. W. Stanton and G. W. Stanton, jun. That on the 8th of April, 1849, G. W. Stanton died, leaving a will appointing G. W. Stanton, jun. and Noah…
1Opinion of the Court
By the Court, Gridley, J.
As to some of the objections made to the discharge of the defendant, it is sufficient to say that they are founded on defects which are not jurisdictional, but which, had the favor been asked on the day of showing cause, would have been allowed to be amended. There is a large class of defects in the proceedings of an insolvent, which are waived by a failure to object to them at the proper time. In truth the very reason for requiring notice of the day and place of showing cause against the granting of the discharge, is that objections may be made, and brought to the…
2Cases cited10 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Bigelow v. StearnsNew York Supreme Court · 1821
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Powers v. PeopleNew York Supreme Court · 1809
- Slyke v. SheldenNew York Supreme Court · 1850
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3Cited by3 opinions
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- Lewis v. PageNew York Court of Common Pleas · 1869