Underwood v. Irving
New York Supreme Court
Ok the 6 th day of March, f824, the insolvent presented-his petition to the Hon. J. T. Irving, First Judge of the Court of 1 . Commoa Pleas of the city of NewYor/c, for a discharge under tbe “ act to abolish imprisonment for debt in certain cases,” passed April 1th, 1819. His honour made the usual order for the creditors to appear on the 24th of May following, and directed by this order that the same should be published for v 1 10 weeks.
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Ok the 6 th day of March, f824, the insolvent presented-his petition to the Hon. J. T. Irving, First Judge of the Court of 1 . Commoa Pleas of the city of NewYor/c, for a discharge under tbe “ act to abolish imprisonment for debt in certain cases,” passed April 1th, 1819. His honour made the usual order for the creditors to appear on the 24th of May following, and directed by this order that the same should be published for v 1 10 weeks. On the 24Ih May, affidavits of publication wéré' produced, and no person appearing to oppose, the usual order for an assignment was made, the assignment…
1Opinion of the Court
Curia.
We do not view the matter in this light. The first order made pursuant to the statute had been disregarded: The 10 weeks advertisement was necessary to give the commissioner jurisdiction. Till this was done, he had no authority. and the second order was a nullity. The assignment must probably share the same fate, though it is not necessary to pass upon the effect of this ; and we must not be understood as doing so. We are not to be guided by a consideration of the embarrassment which may arise from that act.
Motion denied.
2Cited by3 opinions
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- Lewis v. PageNew York Court of Common Pleas · 1869