People ex rel. Galsten v. Brooks
New York Supreme Court
Certiorari to the county court of Onondaga county to remove proceedings into this court. Tiie return shows that Matthew Gfalsten obtained two judgments against Benjamin Brooks, in the supreme court for a sum less than $500 ; that executions issued against him upon which he was arrested and imprisoned; that during his imprisonment he applied for and obtained the benefit of the bankrupt act, and by virtue thereof assigned all his property to his assignees in bankruptcy, and…
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Certiorari to the county court of Onondaga county to remove proceedings into this court. Tiie return shows that Matthew Gfalsten obtained two judgments against Benjamin Brooks, in the supreme court for a sum less than $500 ; that executions issued against him upon which he was arrested and imprisoned; that during his imprisonment he applied for and obtained the benefit of the bankrupt act, and by virtue thereof assigned all his property to his assignees in bankruptcy, and after-wards presented his petition to the county court to be discharged from the imprisonment on making an assignment, as…
1Opinion of the Court
By the court, Morgan, J.
The proceedings before the county judge were .conducted very loosely, and although the discharge purports to have been granted by the court, it is conceded that it was not granted at any regularly appointed or adjourned term. Nor is there any caption or other memorandum or certificate, showing that it was granted by the county-court. The most we know is that it is signed by the county judge, who certifies that the proceedings took place in court, but by whom held or at what place does not appear. For anything that appears, the court may have been held in another county…
2Cited by2 opinions
- In re FitzgeraldNew York Court of Common Pleas · 1878
- In re PattonNew York Court of Common Pleas · 1894