Robertson v. Crowell

The Judge should have received evidence of the

discharge, and on the jury finding in favour of its validity, this should have been endorsed as a part of the postea, and returned ; upon which the plaintiff should have taken his judgment so modified as not to reach the defendant’s person. But the discharge was not contested at .the Circuit, nor is it now questioned. We, therefore, grant the application, under the special circumstances of this case.

Motion granted.