People on rel. Pacific Mutual Insurance v. Machado
New York Supreme Court
Certiorari to review a proceeding before the city judge of Hew York, exonerating the respondent from arrest. The writ was issued on the relation of the Pacific Mutual Insurance Company.
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Certiorari to review a proceeding before the city judge of Hew York, exonerating the respondent from arrest. The writ was issued on the relation of the Pacific Mutual Insurance Company. The respondent had presented the following petition to the city judge: “ To the Honorable John H. McCunn, City Judge of the City and-County of Hew York: “ The petition of John A. Machado, of the City, County, and State of Hew York, respectfully showeth: that your petitioner is an insolvent debtor unable to pay his debts, and therefore prays that his estate may be assigned for the benefit of all his creditors,…
1Opinion of the Court
By the Court.—Sutherland, P. J.
The statute (2 Rev. Stat., 35, § 2) declares that applications under the 3d, 4th, and 5th article^ of the title,—relating to the assignment of the estates of non-resident, absconding, insolvent, or imprisoned debtors,—“ shall be made to an officer residing in the county *464in which the insolvent or imprisoned debtor resides or is imprisoned ; and proof of such residence or imprisonment shall b§ made at the time of presenting the petition, and before any order shall be made.”
It was held in Rusher a. Sherman (28 Barb., 416), by the general term of this district, that…
2Cases cited2 opinions
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Rusher v. ShermanNew York Supreme Court · 1858