3 Cow. 13
Decided August 15, 1824
New York Supreme Court · decided 1824-08-15
Assumpsit. The defendant, Crowell, pleaded the general .. , . - , , , issue, and gave notice, with that plea, that he should, on the trial, give in evidence his discharge under the act for abol- , ' 0 ° ishing imprisonment for debt in certain cases; and, at the last Circuit Court in the city of Mew-York, the cause coming on to be tried, the discharge was accordingly offered in evidence ; but the Circuit Judge, supposing this to be the subject of a special application to this…
Decided 1824-08-15
¶1The Judge should have received evidence of the
¶2discharge, and on the jury finding in favour of its validity, this should have been endorsed as a part of the postea, and returned ; upon which the plaintiff should have taken his judgment so modified as not to reach the defendant’s person. But the discharge was not contested at .the Circuit, nor is it now questioned. We, therefore, grant the application, under the special circumstances of this case.
¶3Motion granted.