In re Cohen
New York Court of Common Pleas
Motion by the creditors of George Cohen, an insolvent, to dismiss for want of jurisdiction the insolvent’s application for a discharge from his debts.
1Opinion of the CourtBischoff, J.
The jurisdiction conferred upon the court to entertain proceedings of this nature, and to grant the discharge of an insolvent debtor from his debts, is special only, and depends upon a strict compliance with all statutory requirements; and, if it appears upon the face of the petition or schedules that compliance with one of these requirements has been omitted, the court is without jurisdiction, and a discharge based upon such petition or schedule is absolutely void, and of no effect. Morrow v. Freeman, 61 N. Y. 515. Section 2162 of the Code of Civil Procedure requires that the schedules to be…
2Cases cited2 opinions
- Morrow v. . FreemanNew York Court of Appeals · 1875
- Wiley v. . BrighamNew York Court of Appeals · 1880