New York Supreme Court, 1839

Luther v. Deyo

Luther v. Deyo
New York Supreme Court · Decided February 15, 1839
19 Wend. 629

Counsel

H. H. Martin, for the motion., J. Edwards,

Luther v. Deyo

Opinion of the Court

The Chief Justice took the papers for consideration, and at a subsequent day, directed a rule to be entered that the defendant be discharged from custody. No formal opinion was delivered.

Motion granted.*

During this term, the same question arose upon a similar application to be discharged from custody on a ca. sa„ issued in the cause of Stewart v. Kilt-mar, which was an action of replevin, on the ground of an insolven^discharge, granted under the article of the statute regulating voluntary assignments by an insolvent for the purpose of exonerating his person from imprisonment, and the same disposition made of it; the Chief Justice ordering the defendant to be released from custody. A similar order was made by Mr. Justice Bronson, upon a like discharge exonerating the person of the insolvent from imprison, ment, in December 1836, in the case of Clapper v. Betts, which was an action of trespass,

Case-law data current through December 31, 2025. Source: CourtListener bulk data.