Legal Opinion

People ex rel. Lodowick v. Akin

Court for the Trial of Impeachments and Correction of Errors

Decided April 15, 1843Published

Mandamus. Dolson & Keyes commenced a suit in this court against Lodowick, the relator, for a demand due upon contract, and afterwards applied to John Brush, a supreme court commissioner, for a warrant to arrest Lodowick pursuant to the non-imprisonment act, (iS'tat. 1831, p. 396,) alleging that he had property or rights in action which he fraudulently concealed; or had assigned, removed or disposed of his property with intent to defraud his creditors ; (§ 4, sub. 2, 3 ;) and…

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Mandamus. Dolson & Keyes commenced a suit in this court against Lodowick, the relator, for a demand due upon contract, and afterwards applied to John Brush, a supreme court commissioner, for a warrant to arrest Lodowick pursuant to the non-imprisonment act, (iS'tat. 1831, p. 396,) alleging that he had property or rights in action which he fraudulently concealed; or had assigned, removed or disposed of his property with intent to defraud his creditors ; (§ 4, sub. 2, 3 ;) and they produced affidavits in support of the allegations. A warrant issued, and Lodowick was brought before the…

1Opinion of the Court

By the Courts

Bronson, J.

After a commitment had beeti ordered in pursuance of the ninth section of the non-imprisonment act, Lodowick applied to the commissioner for a discharge in pursuance of the third subdivision of the tenth section . After a full investigation, the application was denied on the ground that the proceedings on the part of the petitioner were, not just and fair, and that he was chargeable with actual fraud; (§ 12, 16.) I see no reason why this should not have the same effect as it would if the debtor had been first committed to jailj and had then applied for a discharge…

2Cases cited2 opinions

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840
  2. Ex parte Townsend v. MorrellNew York Supreme Court · 1833

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