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Mifflin v. Gasqui

1 U.S. 142 1 Dall. 142 Court SCOTUS English

Delivered by Majority

Contents

Majority

p. 146
*Mifflin v. Gasqui.

Syllabus

Insolvent act.

A Debtor in confinement under a magistrates execution, petitioned for his discharge under the insolvent laws. But he was remanded, because he had not applied before the adjournment; The Court observing, that it was already easy enough for debtors to get out of jail,[1]

(a) (a) The proceedings in this case were under the act of 1729-30 (1 Sm. Laws, 181). Mr. Dallas afterwards, in a note to his edition of the State Laws (vol. 1, p. 258), stated the point thus, “A debtor in confinement under a magistrate’s execution, presented his petition, after the court had fixed the day for hearing insobent debtors, and had adjourned; but the application was held to be too late.” See Hendorson v. Allen, post, p. 149.