State v. Blundell
Supreme Court of New Jersey
On certiorari. ■ The prosecutor, Henry J. David, was arrested on capias ad satisfaciendum, issued on a judgment recovered against him in this court in an action of debt, at the suit of Legrand M. Anway, executor, &c., in July, 1876. The prosecutor gave bond to take the benefit of the insolvent laws, was discharged from arrest by the sheriff, and the writ was returned with the bond and inventory.
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On certiorari. ■ The prosecutor, Henry J. David, was arrested on capias ad satisfaciendum, issued on a judgment recovered against him in this court in an action of debt, at the suit of Legrand M. Anway, executor, &c., in July, 1876. The prosecutor gave bond to take the benefit of the insolvent laws, was discharged from arrest by the sheriff, and the writ was returned with the bond and inventory. According to the condition of the bond, he made application at the January Term, 1877, of the Court of Common Pleas of Passaic county fqr a discharge, which was refused by said court. The prosecutor…
1Opinion of the Court
The opinion of the court was delivered by
Scudder, J.
The original judgment obtained in the State of New York, upon which the action of debt was brought in this court, has been assigned, it is alleged, before the action brought in this state; but such assignment, if any there be, is not shown by legal evidence in these papers. It is not, however, important in determining the questions which have been presented to us on the motion to set aside the order refusing a discharge of the defendant on the habeas corpus. The question is broadly raised whether the plaintiff in execution, or any one…
2Cases cited3 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- Little v. President of Newburyport BankMassachusetts Supreme Judicial Court · 1817
- Humphrey v. CummingNew York Supreme Court · 1830
3Cited by1 opinion
- National Discount Corp. v. O'MellCourt of Appeals for the Sixth Circuit · 1952