1 Hopk. Ch. 27
Decided November 6, 1823
New York Court of Chancery · decided 1823-11-06
Mr. Gerard presented the petition of--, one of the defendants, setting forth, that since the filing of his t answer, he had procured the exemption of his person from imprisonment, under an act, entitled “ An act to abolish imprisonment for debt in certain cases,” 43 sess. ch. 101. and praying for leave to file a supplemental answer, setting forth his discharge. That this was the proper practice, he cited Cooper’s Pleadings, 338, 339.
Decided 1823-11-06
¶1The prayer of the petition must be granted. It is proper that the fact should be presented to the court at *28the earliest day. There cannot be any reasonable objection to a supplemental answer setting forth the fact. A special replication is unnecessary. The general replication, in this court, puts every thing in issue in the same manner as not guilty to a criminal prosecution at law.
¶2Order accordingly.