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. 395

Executors of Ackerman v. Van Houten

Opinion of the Court

Ch. Justice.

We think this application too late. The discharge was obtained 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 himself of another plea, which had no support and was relinquished at the Circuit. Allowing to the affidavit its utmost force, the only reason given for the delay, is an ignorance of the law.

Application overruled.

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