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5 Whart. 82

Newhouse v. Commonwealth

Supreme Court of Pennsylvania

Decided January 4, 1840

Supreme Court of Pennsylvania · decided 1840-01-04

CERTIORARI. This was a certiorari to the Mayor’s Court for the City of Philadelphia, to remove the record of certain proceedings instituted in the name of the commonwealth on the relation of “ the Guardians for the Relief and Employment of the Poor of the City of Philadelphia, the District of Southwark, and the Townships of the Northern Liberties and Penn,” against Jacob Newhouse. The following statement of facts was agreed to by the counsel.

Decided 1840-01-04

.Per Curiam.

¶1The sentence prior to the defendant’s insolvency was not discharged by the discharge of his person from arrest. The order of the insolvent Court affected nothing but the payments then due, and certainly did not discharge him prospectively from duties to accrue. For the latter he remained liable by force of the sentence, as if he had not become an insolvent debtor; consequently, the first sentence, remaining as it did unreversed, was a bar to any new proceeding.

¶2Sentence of the 17th October, 1834, affirmed ; the sentence of the 27th June, 1835, reversed.

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