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Delaware Reports (Volume 3); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware

Delaware Reports (Volume 3); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: THOMAS FISHER vs. DAVID H. STAYTON, Sheriff. Where a citizen of Pennsylvania had taken the benefit of the insolvent laws of that State, in respect of a debt contracted there, though witli a citizen of Massachusetts, this court in the exercise of national comity, so for respected the judgment of the Pennsylvania court aa to discharge the insolvent from imprisonment here on the same debt, 1 hough he had made an assignment in Pennsylvania which would be illegal here, as preferring creditors. Habeas Corpus. The sheriff produced the body, and made return that the defendant was in custody on a surrender by his special bail in an aetion of foreign attachment, at the suit of William Freeman, on which surrender he was committed by this court. To this return the defendant suggested that the debt to Freeman arose in Pennsylvania and was payable there; that Fisher was a citizen of Pennsylvania, in which State the defendant has since been regularly discharged under the insolvent laws of Pennsylvania, on making an assignment of all his property for the benefit of his creditors. To this suggestion it was pleaded, that Freeman was not a citizen of Pennsylvania, but was a citizen of Massachusetts; that Fisher was not arrested in this suit by Freeman, but came voluntarily in and entered bail in this action of foreign attachment, to dissolve that attachment and release his property; and being surrendered by his bail, his imprisonment must be deemed voluntary; and that the assignment of his property made by Fisher, previously to his discharge, was fraudulent and void, the same containing a preference of creditors, which is prohibited by our act of criminal insolvency. The petitioner had been twice discharged under the insolvent laws of Pennsylvania. The first discharge was in December, 1837, ..


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Product Details
  • ISBN-13: 9780217464437
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 240
  • Spine Width: 13 mm
  • Width: 189 mm
  • ISBN-10: 0217464432
  • Publisher Date: 07 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 435 gr


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Delaware Reports (Volume 3); Containing Cases Decided in the Supreme Court (Excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware
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