O'Connor v. Debraine

New York Court of Chancery

O'Connor v. Debraine

3 Edw. Ch. 230, 1838 N.Y. LEXIS 254, 1838 N.Y. Misc. LEXIS 28

DecidedJuly 30, 1838

StatusPublished

This text of 3 Edw. Ch. 230 (O'Connor v. Debraine) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O'Connor v. Debraine, 3 Edw. Ch. 230, 1838 N.Y. LEXIS 254, 1838 N.Y. Misc. LEXIS 28 (N.Y. 1838).

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Opinion

The Vice-Chancellor :

not to be presumed fraudulent. It was, prima facie, regularly and fairly obtained ; and the effect of it is to exonerate the defen[231]*231dant from all arrest and imprisonment upon previously contracted debts.

If Combault is fraudulently concealing or covering the property of the defendant, the complainant can amend his bill, making Combault a party, and proceed to a decree against him or the property in his hands, even though the defendant, Debraine, the original debtor, is out of the jurisdiction.

The defendant is entitled to an order, discharging the ne exeat. But, as the complainant was ignorant of the insolvent-discharge, the costs may abide the event.

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The Vice-Chancellor :

not to be presumed fraudulent. It was, prima facie, regularly and fairly obtained ; and the effect of it is to exonerate the defen[231]*231dant from all arrest and imprisonment upon previously contracted debts.

If Combault is fraudulently concealing or covering the property of the defendant, the complainant can amend his bill, making Combault a party, and proceed to a decree against him or the property in his hands, even though the defendant, Debraine, the original debtor, is out of the jurisdiction.

The defendant is entitled to an order, discharging the ne exeat. But, as the complainant was ignorant of the insolvent-discharge, the costs may abide the event.

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Bluebook (online)

3 Edw. Ch. 230, 1838 N.Y. LEXIS 254, 1838 N.Y. Misc. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnor-v-debraine-nychanct-1838.