Supreme Court of New Jersey, 1829

Executors of Ackerman v. Van Houten

Executors of Ackerman v. Van Houten
Supreme Court of New Jersey · Decided May 15, 1829
10 N.J.L. 332

Executors of Ackerman v. Van Houten

Opinion of the Court

Ch. Justice,

We think this application too late. The discharge was allowed before the commencement of the suit, and' might have been pleaded, and probably would have been if not, concealed, it would almost seem studiously from the attorney by the defendant who availed hirnself of another plea, which had no support and was relinquished at the Circuit. Allowing to tho affidavit its utmost force, the only reason given for the delay, is an ignorance of the law.

Application Overruled-

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