Smith v.
New York Court of Chancery
Judgment Creditor’s Bill. The defendant was a judge of one of the courts of the city of New York ; and the bill was filed on the first day of November one thousand eight hundred and forty-four, on which day a quarter’s salary for services as judge became due to the defendant.
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Judgment Creditor’s Bill. The defendant was a judge of one of the courts of the city of New York ; and the bill was filed on the first day of November one thousand eight hundred and forty-four, on which day a quarter’s salary for services as judge became due to the defendant. A few days before (and when, as it will be seen, the salary was not due) the defendant had filed his petition in bankruptcy; and he now set it up by a plea, as follows: This defendant by protestation not confessing or acknowledging all or any of the matters or things in the said complainant’s bill of complaint contained…
1Opinion of the Court
The Vice-Chancellor :
The plea in this case is a good plea to show that the defendant is personally exonerated and discharged from the debt and the judgment.
But that is not the question. The question is, whether it is a good plea to exonerate the particular fund or sum of money which it was the object of the bill and injunction in this cause to reach and have applied to the complainant’s judgment. By filing the bill on the first day of November, the complainant acquired a lien in equity upon the money. It was a quarter’s salary which had then been earned and b.ecome due and payable and, as…
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- Dickinson v. JohnsonCourt of Appeals of Kentucky · 1901
- Gray v. AshleyCity of New York Municipal Court · 1898