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1 Dall. 149

Henderson v. Allen

Supreme Court of the United States

Decided September 15, 1785

Supreme Court of the United States · decided 1785-09-15

A Judgment had been entered at the settlement of the docket, and the defendant was taken in execution on a Ca. Sa. returnable to December Term 1785. He now applied for the benefit of the insolvent acts, although he was not taken in execution till the 26th of September, and his petition was presented subsequent to the application made by the debtors, on the third day of the term.

Cited by 1 later decisions (1 by the Supreme Court) — most recently November 1785

Good law ✅— No negative treatment on recordhow we know

Decided 1785-09-15

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The Court

¶1said that the practice under the act for the relief of insolvent debtors, was, that only those should be discharged, who made their application within the three first days of the term; for, otherwise, the Court might be continually employed on this business, to the delay and detriment of every other.

¶2The Prothonotary mentioned, on this occasion, that it was the constant practice to enquire, whether the writ of execution was returnable to the term, at which the defendant applied for his discharge.

¶3The petition was dismissed.

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