In the Matter of Minor Huntington
Supreme Court of North Carolina
Minor Huntington, a prisoner for debt, was brought before his Honor Judge DaNIEI., to be discharged under the insolvent laws. it appeared that he had been arrested by one of his creditors and entered into bond with security to keep within the prison bounds, which bond was returned to the County Court.
Read the full summary
Minor Huntington, a prisoner for debt, was brought before his Honor Judge DaNIEI., to be discharged under the insolvent laws. it appeared that he had been arrested by one of his creditors and entered into bond with security to keep within the prison bounds, which bond was returned to the County Court. A second creditor arrested him while in the bounds and he was put into close prison, remained there upwards of twenty days, gave notice to each of his creditors pursuant to the statute, and prayed to be discharged generally (upon taking the insolvent oath) from the prison, and the prison bounds:…
1Opinion of the Court
SeáweíIí Judge.
When a Defendant in execution within the prison rules, is afterwards thrown into prison by another creditor, the Defendant then has a right to be discharged from the walls of the prison under the insolvent laws. And when discharged, it is for him to determine whether his bond has become vacated by such discharge : he then is at liberty to act in the same way as he was before his imprisonment. The Court cannot in such case restrain him from breaking the bounds, nor will it advise him of the effect which breaking the bounds will have in subjecting his securities. It is not…
2Cited by1 opinion
- Rice v. . PonderSupreme Court of North Carolina · 1847