¶1In this case, the plaintiff was a party to the petition for an act of insolvency; he had legal notice thereof; he had right to make defence against granting the same ,- and on its being granted, he was entitled to claim and receive his dividend of the defendant’s estate. He had all the privilege of a party, and ought now to be concluded by it. The execution, therefore, ought to issue only against the estate of the defendant.
2 Conn. 241
Trumbull v. Smith
Decided November 15, 1817
Supreme Court of Connecticut · decided 1817-11-15
JUDGMENT being rendered against the defendant by default, before the superior court in Litchfield county, Jiugust term 1817, he moved the court that execution should issue against his goods and estate only, and not against bis person. The facts were these.
Decided 1817-11-15