Baker v. Judges of Ulster Common Pleas
4 Johns. 191 | N.Y. Sup. Ct. | 1809
As the judgment was contemporaneous with the discharge under the insolvent act, the defendant had no opportunity to plead his discharge. (2 Caines, 380. 1 Johns. Cases, 133.) He might have sought relief by an audita querela; but it is usual to grant the same relief on motion, and the rule of the court below was properly granted. The motion must be denied.
Rule refused.
