Palmer v. Hutchins
New York Supreme Court
Isr Assumpsit.—Silliman, moved to set aside a ca, sa. upon which the defendant was arrested on the 30 th of April last. The cause was at issue, and noticed for trial at the Albany Circuit, the third day of October, 1821 ; when a rei{cfa an(j cognovit were given by the defendant, who, on ° ° J the 8th of the same month, obtained his discharge, under ^le ‘ act io abolish imprisonment for debt, in certain cases.' Judgment was entered as of October term thereafter, pur- » suant…
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Isr Assumpsit.—Silliman, moved to set aside a ca, sa. upon which the defendant was arrested on the 30 th of April last. The cause was at issue, and noticed for trial at the Albany Circuit, the third day of October, 1821 ; when a rei{cfa an(j cognovit were given by the defendant, who, on ° ° J the 8th of the same month, obtained his discharge, under ^le ‘ act io abolish imprisonment for debt, in certain cases.' Judgment was entered as of October term thereafter, pur- » suant to a stipulation in the relicta.
1Opinion of the Court
Curia.
-The rule is, that where the defendant has an opportunity of pleading his discharge, he cannot be relieved on motion. The last continuance is the last day of the return of the venire facias, which, in this case, was the 1st day of August term, 1821. (Br. Continuance, 57. Bull. N. P. 310.)(a) The discharge being obtained after that day, and' before the next continuance, the defendant might have pleaded it, unless prevented by the relicta and cognovit.. A plea *44puis darrein-continuance cannot'be pleaded after the jury have given their verdict. (Pearson v. Parkins, Hill. 3 Geo. 1. Bull. N.…
2Cases cited2 opinions
- Morgan v. DyerNew York Supreme Court · 1812
- Cross v. HobsonNew York Supreme Court · 1804
3Cited by31 opinions
- Cornell v. . DakinNew York Court of Appeals · 1868
- Ewing v. PeckSupreme Court of Alabama · 1850
- In re KingAppellate Division of the Supreme Court of the State of New York · 1898
- Williams v. HumphreysSupreme Court of New Jersey · 1888
- (PC) Mansour v. CDCRDistrict Court, S.D. California · 2020
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