1 How. Pr. 96
Decided February 15, 1845
New York Supreme Court · decided 1845-02-15
Motion by defendant for a perpetual stay of execution upon the judgment in this cause, or that the verdict and judgment be opened and the defendant be permitted to plead his discharge (in bankruptcy) and certificate of discharge, puis darien continuance, on such terms as the court shall deem proper.—It appears that this suit was commenced in August, 1842, against the defendant for money received by him as sheriff, for the redemption of property, which plaintiff had…
Decided 1845-02-15
¶1The circumstances are very strong against the defendant; he received the money as a public officer, and is not entitled to any equity from the court. It is a matter of discretion with the court entirely, and taking all the circumstances of this case into consideration, the motion must be denied with costs.
¶2Rule accordingly.