Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-05-20
From the .New- York Evening Post.
Law INTELLIGENCE.

Law IELLiSENS1'
Asase of great importance has been de.
cided this forenoon in the Supreme Court
Of this state: the case Of Mather and Strong,
VS. Ira Bush. 1t will only be necessary to
state the following facts, in order TO give a
correct idea Of the points in issue. Bush
became indebted 10 the plaintiffs in 1916 |;
in 1917 he obtained discharge from all bis
debts, under the insolvent law, passed in
l8i3-Relying upon the late decision Of
the Supreme Court of the United States,
that state insolvent laws could only have
the effect to exempt the bedy from imPrl-
sonment, but not the property Subsequent
" acquired, the plaintiff took out an exeeu.
ton agains. the goods, aad this was mo
ton ON the part of the defendant in the
court below, for relief. The question SUB
mitted to the court, and argued. at great
length, by the counsel on both sides, was
whether the original contract, being made
after The passing Of the state insoivent law,
was not made with an implied reference to
II as one of the existing laws Of the state.
and subject to be controlled by it accord
ingly I! The court was of opinion in the
affirm alive, and ordered the execution to
be discharged. We understand the credi-
tors intend to carry up the case to Wash
ington.
Another question of scarcely less inter-
twas argued by the same counsel, VIZ:
what would be the law in case where the
debt was contracted previous to the insol-
vent act but on this no opinion was given.
Emmet, for the creditors; Wells, Ogden.
Jones, and Griffin for the insoivents.
FROM the Eev- York Daily advertiser.
We have been furnished by gentleman
of the bar, with the following general state
ment of the principle decided by the Su-
preme Court yesterday, on the insolvent
cases pending before that court.
INsoLvENT LAWS.
In the Supreme Court of this state, now
in Session in this city, the opinion OF the
Court was given yesterday by Mr.. Chief
Justice Spencer on the subject Of our insol-
vent laws.
The late decision on this subject at
Washington had given birth 10 sundry le-
gal proceedings, involving the validity OF
insoIyent discharges, and variety OF gases
were accordingly presented to the Court.
The majority Of the cases, it was observed
by the Chief Justice, resolved themselves
INTO three classes
1. Applications for leave to issue writs OF
scire faeiss to revive old judgments,
docketted previously to the passage OF
the laws, under which the inselvents had
obtaired their discharges.
{ The effec. of which would be to reinstate
the judgments in their original force and
to confirm their hen upon all the real es-
tate owned by the lnsolsents at any time
subsequently, to the entry Of such jadg-
ments, in whose ever hands the same
might be.
g. Applications to, set aside executions, is
sued on judgments that had been long
time dormant, but which were obtained
on contracts made previously to the pas
{ sage of the law, under which the Insol-
vent had obtained his discharge.-(The
Law of 1911 was more particularly in
view in this class Of cases.
q Appiications 70 set aside executions