9 Wend. 431
Decided August 15, 1832
New York Supreme Court · decided 1832-08-15
The defendant was arrested on the 5th June, 1832, on a ca. sa. on a judgment thirteen years old. He applied to be discharged from arrest on producing a discharge, as an insolvent debtor, granted to him in 1819, after the entry of the judgment. The plaintiffs attacked the regularity of the proceedings in obtaining the discharge and the validity of the discharge itself.
Good law ✅— No negative treatment on recordhow we know
Decided 1832-08-15
Cited by 7 later decisions — most recently February 1899
7 state decisions
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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¶1By the Court,
¶2The court will not on a motion of this kind inquire into the regularity of the proceedings, nor try the validity of the discharge on affidavit The plaintiff may resort to his action on the judgment. 1 Caines, 249. 9 Johns R. 259. Let the defendant be discharged from arrest