1 How. Pr. 55
Decided December 15, 1844
New York Supreme Court · decided 1844-12-15
Motion by defendant Wynkoop for a perpetual stay of proceedings on the fieri facias issued in this cause, on the ground that said defendant has been discharged as a bankrupt.—The action is brought on a promissory note signed by Defendant Wynkoop. Commenced on the 28th [57 January, 1843. Defendant did not appear and plead. Judgment perfected February 23, 1843.
Decided 1844-12-15
¶1The proper course seems to be in such a case, to open the judgment, and grant the defendant leave to plead his discharge on payment of costs.
¶2Decision.—Ordered that said defendant be allowed to plead his discharge in bankruptcy, on payment of costs of judgment and seven dollars costs of opposing this motion. Plaintiff to have leave, in twenty days thereafter, to discontinue without costs.