Baker v. Judges of Ulster Common Pleas

4 Johns. 191
CourtNew York Supreme Court
DecidedFebruary 15, 1809
StatusPublished
Cited by17 cases

This text of 4 Johns. 191 (Baker v. Judges of Ulster Common Pleas) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baker v. Judges of Ulster Common Pleas, 4 Johns. 191 (N.Y. Super. Ct. 1809).

Opinion

Per Curiam.

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.

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Bluebook (online)
4 Johns. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-judges-of-ulster-common-pleas-nysupct-1809.