Jenkins v. Stanley
Massachusetts Supreme Judicial Court
Debt upon a judgment recovered in this Court in May, 1803, by the plaintiff and one William Jenkins, whom the plaintiff hath survived, against the defendants.
1Opinion of the CourtJackson, J.
The plea in bar in this case seems to have been drawn from some English precedent, founded on the statute of 5 Geo. 2, mentioned in the argument, which allows the bankrupt to plead, in general, that the cause of action accrued before he became bankrupt, and to give that act and the special matter in evidence, although this plea contains some averments which are not considered necessary in the English courts.
The provisions of the thirty-fourth section of the statute of the United States are obviously borrowed from this English statute. But instead of giving a general, flea, like that before…
2Cases cited5 opinions
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3Cited by2 opinions
- Spear v. BicknellMassachusetts Supreme Judicial Court · 1809
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