Supreme Court of New Jersey, 1828

Den ex dem. Peterson v. Boqua

Den ex dem. Peterson v. Boqua
Supreme Court of New Jersey · Decided September 15, 1828
10 N.J.L. 192

Den ex dem. Peterson v. Boqua

Opinion of the Court

By the Court.

The fact of insolvency, if wo are authorised to extend the provision of the statute, on principles of equitable construction, is not sufficiently made out. Though insolvent in 1820, the time to which the affidavit relates, Sparks may be quite otherwise in 1827, when this suit was commenced. In a case reported in Penn. Hep. 866, this court overruled an application for security for costs, one of the several lessors of the plaintiff, being a resident in the state. Motion overruled.

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