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4 Cow. 66

Ex parte Thayer

New York Supreme Court

Decided February 15, 1825

New York Supreme Court · decided 1825-02-15

Thayer made an affidavit that he was and is an insol vent debtor, and that he presented a petition, (made out as required by the act of the 7th of April, 1819, with the other papers required by that act) to the First Judge of Yates county, where the deponent resided, but the Judge refused to receive the papers, on the ground that it appeared by the deponent’s inventory that he owed but one debt, which was due upon a judgment in the C. P. of Ontario county, recovered against…

Cited by 3 later decisions — most recently December 1930

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1825-02-15

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¶1The Court were clear that the words debt or debts, used in the act, extended to demands due on judgment, whether upon tort or contract; and they said it had so been holden before.(a)

¶2Motion granted.

¶3See The People v. The Marine Court of New York, (3 Cowen’s Rep. 366,) where the same construction was given to the act for the relief of debtors, with respect to the imprisonment of their persons. (1 R. L. 348.)

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