Brown v. Crowl
New York Supreme Court
Error from the Madison common pleas. Brown and his co-plaintiffs, as trustees of a school district, had obtained a judgment against Growl for $8 r\\ for a school tax. After the judgment, Growl obtained a discharge as an insolvent debtor, exempting his body from imprisonment, and subsequent to obtaining such discharge, he was called on by a constable who held an execution against him on the judgment to pay it. He told the constable he would pay it as soon as he got able.
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Error from the Madison common pleas. Brown and his co-plaintiffs, as trustees of a school district, had obtained a judgment against Growl for $8 r\\ for a school tax. After the judgment, Growl obtained a discharge as an insolvent debtor, exempting his body from imprisonment, and subsequent to obtaining such discharge, he was called on by a constable who held an execution against him on the judgment to pay it. He told the constable he would pay it as soon as he got able. The constable informed the plaintiffs of the new promise, and they directed him to obtain a summons and serve it on Growl.…
1Opinion of the Court
By the Court,
Savage, Ch. J.
It appeared from the evidence, that all the defendants below had directed a new suit be fore the justice, expressly for the purpose of imprisoning tire plaintiff. They had a judgment against him an execution against his property when he was discharged. A new judgment could not be desired for any other purpose íhan to imprison him, and the evidence is that the new suit was brought for that purpose alone. It is clear, therefore, that if an action lies at all, it lies against all. In this ¡respect this case is not like Percival v. Jones, 2 Johns. Cas. 51, and Taylor v.…
2Cases cited1 opinion
- Percival v. JonesNew York Supreme Court · 1800
3Cited by8 opinions
- Vivianne Jade Washington v. Investigator Hugh HowardCourt of Appeals for the Eleventh Circuit · 2022
- Nebenzahl v. TownsendNew York Court of Common Pleas · 1881
- Cunningham v. East River Electric Light Co.The Superior Court of the City of New York and Buffalo · 1892
- Hall v. MungerNew York Supreme Court · 1871
- Halliday v. NobleNew York Supreme Court · 1847
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