Hooper's Case — 3 Del. 320

Majority

p. 320

WILLIAM HOOPER’S CASE.

Headnote

A negro insolvent may be adjudged to serve his creditors, though no fraud be proved against him. ,

William Hooper, negro, applied to be discharged from imprisonment; one of his creditors filed allegations of fraud, which the court adjudged insufficient. The creditor then proposed to propound interrogatories to the prisoner, which was objected to on the part of I the prisoner, on the ground that the allegations of fraud having been already decided in his favor, he was entitled to his discharge without further question. That the creditor having elected to rest his I objections to the discharge on allegations of fraud which had been I decided against him, he was not at liberty to make further objection.

But the Countsaid that though thefraud had been alledged and tried,! and the issue found for the petitioner (which in this case had not been! done, the court considering the statement as not amounting to an aI-[ legation of fraud,) yet they must proceed with the hearing of his pe-I tition to see whether in other respects he is entitled to his discharge/ and that apart from any fraud they would, on a proper case appear-] ing, adjudge him to serve his creditors.

The petitioner was discharged.