Gibson v. Gorman
Supreme Court of New Jersey
On certiorari. Gorman, on September 5th, 1876, recovered a judgment in an action of assumpsit against Gibson. Execution was issued and returned unsatisfied, and on December 27th, 1876, a receiver was appointed pursuant to the act concerning executions. Rev., p. 393. August 24th, 1878, Gibson was adjudicated a bankrupt, and on April 30th, 1880, received his discharge.
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On certiorari. Gorman, on September 5th, 1876, recovered a judgment in an action of assumpsit against Gibson. Execution was issued and returned unsatisfied, and on December 27th, 1876, a receiver was appointed pursuant to the act concerning executions. Rev., p. 393. August 24th, 1878, Gibson was adjudicated a bankrupt, and on April 30th, 1880, received his discharge. On April 30th, 1881, a new receiver was appointed in the supplementary proceedings, and on May 18th, 1881, an injunction order was made, restraining the payment to Gibson of certain moneys he had on deposit in the Provident…
1Opinion of the Court
The opinion of the court was delivered by
Deptxe, J.
The defendant’s discharge in bankruptcy was obtained after the judgment was recovered against him. If the debt for which the judgment was recovered was of such a nature as that it was discharged by the bankruptcy, the defendant might have had relief against an execution issued on it by motion to set aside the execution. Linn v. Hamilton, 5 Vroom 305. Supplementary proceedings by way of discovery under the statute (Rev., p. 393,) are in the nature of process of execution. They are a method by which intangible property, not subject to levy, may…
2Cases cited6 opinions
- Neal v. ClarkSupreme Court of the United States · 1878
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
- Hennequin v. . ClewsNew York Court of Appeals · 1879
- Owsley v. CobinU.S. Circuit Court for the District of South Carolina · 1877
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3Cited by2 opinions
- Clinton Petroleum Services, Inc. v. NorrisCourt of Appeals of Maryland · 1974
- Shapiro v. MarziglianoNew Jersey Superior Court Appellate Division · 1956