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5 Binn. 518

Ex parte Ogle

Supreme Court of Pennsylvania

Decided July 7, 1813

Supreme Court of Pennsylvania · decided 1813-07-07

THE petitioner was committed to the debtors’ apartment, by execution from the District Court for the city and county of Philadelphia, returnable to the next September term; and on a previous day of this adjourned court, he presented his petition for the benefit of the insolvent laws. He was now brought up for a hearing.- objected, that this Court had no authority to discharge, 1.

Good law ✅— No negative treatment on recordhow we know

Decided 1813-07-07

How this case has been cited

Cited by 4 later decisions — most recently March 1951

4 state decisions

20181318201830184018501860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Tilghman C. J.

¶1The great difficulty in this case is the question of jurisdiction. The act of 1729 is express, that application shall be made to the Court from which the process issued; and reason is in its favour, as they have a control over their process, and it is by their order that the insolvent has been imprisoned. The act of 1794 makes no change in this respect. It merely increases the amount from which the respective Courts may grant a discharge; but at the same time directs that it shall be granted in the same manner and upon the same terms, as is directed by former laws, thereby expressly referring to them as a guide. I know of no general power of this Court to discharge all debtors; the power which we have, we take from the acts before mentioned, and from those only. Had not the District Court decided the point, I should have thought the act of 1729 was incorporated with the act by which the Court was created; but be this as it may, we have no authority to assume jurisdiction, because another Court has it not.

¶2Per Curiam.

¶3Petitioner remanded.

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