Hollister v. Abbott
Superior Court of New Hampshire
Debt, on a judgment of the court of common pleas, for the western judicial district of the county of Grafton, recovered against the defendant at the February term, 1844, for $58 debt and $23,01 costs of suit. The defendant pleaded nul tiel record, with a brief statement.
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Debt, on a judgment of the court of common pleas, for the western judicial district of the county of Grafton, recovered against the defendant at the February term, 1844, for $58 debt and $23,01 costs of suit. The defendant pleaded nul tiel record, with a brief statement. The plaintiff moved the court to reject the brief statement, for the reason that the facts set forth in it did not constitute a defence to the action ; and the court ordered that the brief statement be rejected. To which order the defendant excepted. The brief statement was as follows : Defendant will prove on the trial of…
1Opinion of the CourtEastman, J.
While the courts of this State have given full effect to the certificates of discharge granted to individuals under the United States bankrupt act of 1841, they have taken care that their own jurisdiction and judgments should not be disregarded by any doubtful action of the courts of the United States in carrying out that act. They have endeavored, also, to see to it that certificates of bankruptcy shall not cover any more extensive ground than what legitimately and properly belong to them. A certificate of discharge ohtained without fraud is a bar to all debts exist*447ing against the bankrupt…
2Cases cited10 opinions
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- Holmes v. RemsenNew York Supreme Court · 1822
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
- Peck v. WoodbridgeU.S. Circuit Court for the District of Connecticut · 1808
- Latham v. EdgertonNew York Supreme Court · 1828
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3Cited by1 opinion
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