Hedley v. Jordan
Hedley v. Jordan
Opinion of the Court
The general verdict in this ■case is found on different charges, that are very diiferently stated in the paper of accusation, and whether it was intended to embrace and verify all the specifications, or whether it may not be referable to one or more, cannot be determined by the verdict itself. The grounds of accusation may be summed up under two general heads, to wit; that the defendant had rendered a false schedule, against the provisions of the insolvent debtors’ Act, or that he had made an undue and fraudulent preference of one creditor with a view to injure and defraud others. A conviction foi making a false schedule under oath, is followed by very serious consequences. It would not only deprive the defendant of the right of afterwards taking the benefit of the Acts intended for the relief of insolvent debtors, but would subject him to an indictment for perjury. So of the other general charge; if it should be found true, though it would not disable the defendant from availing himself of the benefits of the Acts in other cases, yet it would subject him to endless imprisonment unless this debt should be discharged. Accusations of such a grave import, are in the nature of an impeachment. The mode of proceeding should be conducted with precision and all
When analyzed, the charges in the case before us may not be altogether contradictory, but as they are, perhaps, different in legal import, we think the verdict rendered below was too general. The case is sent back mainly to give the defendant the benefit of a more special finding. Motion for a new trial granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.