Witter v. Latham
Supreme Court of Connecticut
This was a scire-facias in a process of foreign attachment, against Asa L. Latham ; tried at Brooklyn, January term, 1837, before Waite., J. The original writ, a copy of which was left in service with the defendant, was against Cyrus L,atham, the father of the defendant. In this writ it was averred, that “ said Cyrus La-tham is not liable to imprisonment, at the suit of the plaintiff, for the debt aforesaid, and is an absconding debtor.”
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This was a scire-facias in a process of foreign attachment, against Asa L. Latham ; tried at Brooklyn, January term, 1837, before Waite., J. The original writ, a copy of which was left in service with the defendant, was against Cyrus L,atham, the father of the defendant. In this writ it was averred, that “ said Cyrus La-tham is not liable to imprisonment, at the suit of the plaintiff, for the debt aforesaid, and is an absconding debtor.” In the present scire-facias, he was described as an absent and absconding debtor. On the trial, the plaintiff claimed, that he was an absconding' debtor, at…
1Opinion of the CourtWaite, J.
Cyrus Latham, the original debtor, having been discharged from imprisonment, upon his petition for the benefit of the act provided for insolvent debtors, was sued, by the plaintiff, and described in the writ as an absconding debtor. Was he property so described ? This depends upon the construction of the statute, which provides, that a debtor discharged from imprisonment “ shall be deemed an absconding debtor” within the meaning of the “ act authorizing the collection of debts by foreign attachmentand that it shall be lawful for his creditor “ to proceed against the goods, effects, and…
2Cases cited4 opinions
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Lee v. JilsonSupreme Court of Connecticut · 1831
- Jones v. FalesMassachusetts Supreme Judicial Court · 1809
- Coleman v. WolcottSupreme Court of Connecticut · 1810
3Cited by7 opinions
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- Connecticut Bank & Trust Co. v. WilcoxSupreme Court of Connecticut · 1986
- Chambers v. Blickle Ford Sales, Inc.Court of Appeals for the Second Circuit · 1963
- Gibson v. StateCourt of Criminal Appeals of Texas · 1938
- Caswell v. RossWyoming Supreme Court · 1920
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