New York Supreme Court, 1843

Graham v. Pierson

Graham v. Pierson
New York Supreme Court · Decided December 15, 1843 · Bronson
6 Hill & Den. 247

Counsel

S. Sherwood moved for a perpetual stay of proceedings on the judgment and execution, so far as relates to the plaintiff Graham., M. T. Reynolds, contra.

Graham v. Pierson

Opinion of the Court

By the Court, Bronson, J.

The judgment which the defendant recovered against Graham for costs, was a debt provable under the bankrupt act, and is consequently reached by the discharge.(a) If the defendant chooses to bring a suit on the judgment, Graham can then plead his certificate. But so far as relates to the execution now in the sheriff’s hands, or any other execution to be issued on the judgment, Graham has no means of availing himself of the discharge except by motion. He is therefore entitled to a perpetual stay of execution, (b)

Ordered accordingly.

See Crouch v. Gridley, (post, p. 250;) and Thompson v. Hewitt, (id. p. 254.;

i) See Noble v. Johnson, (9 Johns. Rep. 259;) Baker r. Taylor (1 Cowen, 165;) Palmer v. Hutchins, (id. 42 ;) Field v. Howland, (17 Johns. 85 ;) Cole v. Stafford, (1 Cain. Rep. 259;) Russell v. Packard, (9 Wend. 431;) Zee v. Phillips, (ante,p. 246;) Crouch v. Gridley, (post, p. 250;) Thompson v. Hewitt, (id.p. 254.)

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