New York Supreme Court, 1809

Baker v. Judges of Ulster Common Pleas

Baker v. Judges of Ulster Common Pleas
New York Supreme Court · Decided February 15, 1809
4 Johns. 191

Counsel

SUDAM

Baker v. Judges of Ulster Common Pleas

Opinion of the Court

Per Curiam.

As the judgment was contemporaneous with the discharge under the insolvent act, the defendant had no opportunity to plead his discharge. (2 Caines, 380. 1 Johns. Cases, 133.) He might have sought relief by an audita querela; but it is usual to grant the same relief on motion, and the rule of the court below was properly granted. The motion must be denied.

Rule refused.

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