Alexander v. Gibson
Supreme Court of South Carolina
This case was tried in May Term, 1817, before Mr. Justice Colcock.2 The defendant had been sued and held to bail by the plaintiff. Judgment had been obtained against him, and execution issued, and returned nulla bona. He was then surrendered by his bail to the sheriff, and thereupon petitioned the Court for his discharge, under the Insolvent Debtor’s Act. His application was opposed, on the ground of fraud.
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This case was tried in May Term, 1817, before Mr. Justice Colcock.2 The defendant had been sued and held to bail by the plaintiff. Judgment had been obtained against him, and execution issued, and returned nulla bona. He was then surrendered by his bail to the sheriff, and thereupon petitioned the Court for his discharge, under the Insolvent Debtor’s Act. His application was opposed, on the ground of fraud. A jury was impannelled for the tri.il of certain facts, which, it was alleged, were evasive, and in fraud of the laws under which he sought to be discharged. And as evidencing an unfair…
1Opinion of the Court
The opinion of the Court was delivered by
Colcock, J.
It was contended, that the defendant could not be discharged according to the provisions of the Act of 1759, P. L. 247, Brev. Dig. 148,1 entitled “ An Act for the more effectual relief of insolvent debtors,” &c., because, by the 8th sec. of the 1st Art. of the Constitution of the United States, it is declared “ that Congress shall have the power to establish uniform laws on the subject of bankruptcies throughout the United States;” and the delegation of this power operates as a repeal of all State laws on that subject: that our Act is to be…
2Cases cited2 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Tinkom v. PurdyNew York Supreme Court · 1810