In re Williams — 1 Cole. & Cai. Cas. 114

Majority

p. 114

In the matter of Joseph Williams, an Insolvent Debtor.

Headnote

. AN application was made in behalf of the insolvent, that he be brought up to obtain his discharge under the <c Act for the relief of debtors, with respect to ■(C the imprisonment of their persons.”

Schoonhoven, for the creditors,

raised three objections : 1st. That notice was not served on one particular creditor who resides in Massachusetts, nor was there any affidavit that he could not be found : 2d. The sum he is charged with on execution, is not mentioned in the petition : 3d. The inventory purports, by its caption, to be an inventory .of real and of personal estate, but no real estate is afterwards mentioned.

All the objections are trivial. A person out of the state is to be considered, as to the purpose of a service under this act, as not to be found.

Assignment ordered.