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1 Johns. Cas. 416

In re Williams

Court for the Trial of Impeachments and Correction of Errors · decided 1800-07-15

An application was made in behalf of the insolvent, who was in prison, that he might be discharged under the “ act for the relief of debtors, with respect to the imprisonment of their persons. It was objected, 1. That notice had not been served on a particular creditor residing in the state of Massachusetts, nor an affidavit made that he could not be found. 2. That the sum for which the prisoner was charged in execution, was not mentioned in his petition. 3.

Decided 1800-07-15

Per Curiam.

¶1All the objections are frivolous, A person residing out of the state, as to the service of a notice, under the act, is to be considered as not to be found.

¶2Rule granted.

¶3[CP The Chief Justice was absent during the whole of this term, on account of extreme sickness in his family.

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