3 Johns. 445
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
moved for leave to discontinue in this cause, without paying costs. He read an affidavit, stating that the defendant had no property, real nor personal, and that he had, on the 26th July last, enlisted in the army of the United States, for five years. The present suit was brought to reverse a judgment obtained against the plaintiff in error, before a justice of the peace.
Decided 1808-08-15
¶1As the sum to be recovered in this case, may amount to more than 20 dollars, there is no reason for granting the motion. The act of congress only declares that non-commissioned officers and privates shall not be arrested or taken in execution, for debts under 20 dollars, contracted before enlistment.
¶2Rule refused.
¶3Laws U. S. v. 6. p. 17. § 23.