Bylandt v. Comstock
The Superior Court of New York City
This was an application on behalf of the defendant to be discharged from imprisonment as an imprisoned debtor. The records show that the cause of- action upon which the plaintiff recovered judgment was somewhat novel. It was technically called “ malicious trespass.” The defendant sought to collect a milk bill. The plaintiff tendered him all, and even more than he believed to be due; he demanded a still greater sum, and would not receive what was offered.
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This was an application on behalf of the defendant to be discharged from imprisonment as an imprisoned debtor. The records show that the cause of- action upon which the plaintiff recovered judgment was somewhat novel. It was technically called “ malicious trespass.” The defendant sought to collect a milk bill. The plaintiff tendered him all, and even more than he believed to be due; he demanded a still greater sum, and would not receive what was offered. On several occasions, but particularly on New Year’s day, the defendant spent about three hours in front of the plaintiff’s door, with his…
1Opinion of the Court
Robertson, Justice.
There are two questions in this case : First, whether the court has jurisdiction to grant a discharge where the debtor is at large upon the limits; *431and, secondly, whether the court has lost jurisdiction by the omission to adjourn the proceedings from the time noticed for the application.
In regard to the first question, the term used in the statute is “ imprisoned,” and the discharge is from “ imprisonment.” (2 R. S., 31, § 1.) The sixth section provides that the court where the application is made shall “ order the applicant 'to be brought before it” on a day to be…
2Cases cited1 opinion
- Squire v. YoungThe Superior Court of New York City · 1858
3Cited by1 opinion
- Develin v. . CooperNew York Court of Appeals · 1881