The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-20
DISCHARGES FROM ARREST.


Judge LarremOre, OF the Court Of Common Pleas,
In case brought before him at Special Term.
James w. Mudgett, IN a SUIT brought by Aaron
the action, and after his falling to have his
bail justify was detained In custody Of Tue
Sheriff. He then got his discharge IN In
solvency proceedings, excepting his body from
execution, under the statute authorizing that to
be DONE motion was then made before Judge
Larrem0re to have the execution superseded on
account OF the discharge IN the insolvency pro :
ceedings. Judge Larremore gave his decision in
the case yesterday. he holds that he cannot
grant discharge Of this kind in collateral pro-
ceeding except lot some jurlsdictional detect ap-
parent on Its lace that on the motion papers such
defect appeared the discharge not recitlng service
upon the creditors eltner personally or py mail
the Application must be denied AS the point is
an important one and involving the question OF
personal liberty we give IN mll the opinion OF
Judge LarremOre.
under mssne issued in this action September
in the in relation to voluntary as
ssnments by an nsoven! for the PURPOSE Of exonera
inss thereupon had. on February H. 1875 be pro.
y Of asD s s chss
among others The following recital and due proof
such order in the wspapsrs N sa q order nsmsd
eryce OF noca Of SAID proccednr upon ths
creditors OF insolvent required by law. The
defendant now applies for release from arrest in this
BY authority that discharge Of this character be
impeAched coiiateraly except for urisdictiona
defect (kich vs. sanger IL Abb, 3t and there
cited Stuart Salhinger IA Abb, 2sl and 1927 But
II may be raised and determined in any court pro-
ceedng (klott ct al vs. peirsol ct al, Peters s1S
Chemung Canal Bank W.. Judson, N Y, 254; stanton
Ellis, Il n. Y, Kern. $40. rhe statute under
discharxe tariicie chapter part q e;
81 provides section that an order shall
be made requiring ne creditors Of the
insovent 70 show Cause why such discharge should not
published Tor the IKE time and the like manner
directed In cases Of voluntary assignments made pur
suant to the application OF an insovent and his cred
itors (Article 5, chapter part S.) Section Is Of
no other be given the creditors than the
public alton OF the 81 said order In the
papers therein designated BY chapter 366 OF the session
laws of S7 said article was amended, by requiring
where any OF the creditors OF the insovent re-
sided in the United States. personally by mail
therein provided No such service said order upon
the creditors OF the defendant recied In said dis
in the case OF Pratt Chase ~ Abb 100 The amend
ls47 IL remedial and should be literally
construed Of Its Application TO proceedings under said
article there can be out little doubt discharge grant
insoven lhey are 70 have notice OF the applca
may oppose it II granted the debtor Is exempte
Imprisonment by reason OF debt then existing
against him The necessity Tor the additional notice 70
amendment OF ls47 IL as apparent In appiicau To
exonerate from imprisonment in that to discharge
from debt In either the rights and interests of all
the creditors are involved The TO defendants
its natn- and for this tAs present application
must be denied