Matter of Brady
New York Court of Appeals
Appeal, by Walter Brady, the petitioner, from order of General Term of the Supreme Court, in the first judicial department, reversing an order granted in proceedings, under article 1, title 1, chap. 5, part 2, of the Revised Statutes, which order directed the discharge of the petitioner from imprisonment on execution; and denying the application for such discharge. (Reported below, 8 Hun, 437.) The facts appear sufficiently in the opinion.
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Appeal, by Walter Brady, the petitioner, from order of General Term of the Supreme Court, in the first judicial department, reversing an order granted in proceedings, under article 1, title 1, chap. 5, part 2, of the Revised Statutes, which order directed the discharge of the petitioner from imprisonment on execution; and denying the application for such discharge. (Reported below, 8 Hun, 437.) The facts appear sufficiently in the opinion. The issue tried at Special Term was whether the applicant’s petition and account were correct, and his proceedings thereunder just and fair. (2 R. S.,…
1Opinion of the CourtEarl, J.
The debtor was arrested in two actions upon orders of arrest issued because he had disposed of his property with intent to defraud his creditors. Judgments having been obtained in the actions, he was arrested and imprisoned by virtue of executions issued thereon. He applied for his discharge, as an imprisoned debtor, under Part II, chap. 5, tit. 1, art. 6, of the Revised Statutes. This was opposed by the judgment creditors who, by the affidavits upon which the orders of arrest were issued and upon other proof, established the fraudulent disposition of his property by the debtor. By art. 6, an…
2Cases cited3 opinions
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- Matter of Canal and Walker StreetsNew York Court of Appeals · 1855
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- People v. . PrioriNew York Court of Appeals · 1900
- People v. ButtsAppellate Division of the Supreme Court of the State of New York · 1907
- People v. GroutAppellate Division of the Supreme Court of the State of New York · 1915
- In re Appointment of Park CommissionersSuperior Court of Buffalo · 1888
- In re Charges against SkinkleAppellate Division of the Supreme Court of the State of New York · 1927
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