Matter of Insolvency

Supreme Court of New Jersey

Matter of Insolvency

15 N.J.L. 478

DecidedNovember 15, 1836

StatusPublished

This text of 15 N.J.L. 478 (Matter of Insolvency) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Insolvency, 15 N.J.L. 478 (N.J. 1836).

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Opinion

Per Curiam.

We are inclined to think the Judges of the Common Pleas erred in refusing a discharge, simply because of the omission of the word “ Junior ” to the petitioner’s name; but it is unnecessary to decide that point, as this is not a proper case for a mandamus. The Court of Insolvency, has rendered a final judgment. We cannot reverse that upon this motion, nor can we command them by our writ, to reverse their own decision and to render another and specific judgment. We know of no remedy for the petitioner, but to make his application de novo.

Buie discharged.

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Per Curiam.

We are inclined to think the Judges of the Common Pleas erred in refusing a discharge, simply because of the omission of the word “ Junior ” to the petitioner’s name; but it is unnecessary to decide that point, as this is not a proper case for a mandamus. The Court of Insolvency, has rendered a final judgment. We cannot reverse that upon this motion, nor can we command them by our writ, to reverse their own decision and to render another and specific judgment. We know of no remedy for the petitioner, but to make his application de novo.

Buie discharged.

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Bluebook (online)

15 N.J.L. 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-insolvency-nj-1836.