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7 Johns. 117

White v. Canfield

New York Supreme Court

Decided November 15, 1810

New York Supreme Court · decided 1810-11-15

THIS was an action of debt on a judgment in the superior court of the state of Connecticut, of February term, 1308, for 100 dollars damages, and 50 dollars and 96 cents costs. The defendant pleaded ; 1. Mil debet; 2.

Cited by 4 later decisions — most recently May 1889

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1810-11-15

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Per Curiam.

¶1The certificate granted to the defendant,, in Connecticut, was not a discharge from the debt, but only from imprisonment. It was, therefore, limited in its object, and. local in its effect. The- case of James v. Allen, (1 Dallas, 188.) is analogous; a discharge from imprisonment’ in New-Jersey- was held- to- be no bar to, a suit on the same demand in Pennsylvania.- It- is clearly no bar to an action here upon the judgment.

¶2In the case of Smith v. Spinolla, (2 Johns. Rep. 198.) it was decided, that though it be shown that the body of. the defendant could not be arrested in- the foreign state, yet,, if the debt be prosecuted here, the defendant must submit to the ordinary remedies, provided- for the creditor by our law. judgment must, accordingly, be far the plaintiff.

¶3judgment for the plaintiff.

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