18 Johns. 54
Decided May 15, 1820
New York Supreme Court · decided 1820-05-15
THE plaintiff brought an action of covenant against Riley, for the non-payment of rept, on a lease dated Fe-bruary 3, 1807, düe the 1st day oí May, 1812. The defend-ant on 1st May,'i 812, obtained his discharge, under the “ ac^ for ^ie °f insolvent debtors and their creditors passed April 3, 1811, (sess. 34. ch. 123.) The defend-x * v J ant was arrested on a capias ad resp• returnable in Mojf 1817, and put in special bail.
Cited by 2 later decisions — most recently October 1873
2 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1820-05-15
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¶1The defendant, although his plea of discharge, so far as it went to his absolute discharge from the debt, was overruled, ought to have pleaded it specially, in discharge of his person from arrest and imprisonment, which is the proper mode of availing himself of it. The motion must be denied.
¶2Motion denied.