Varnum v. Wheeler

Court for the Trial of Impeachments and Correction of Errors

Varnum v. Wheeler

1 Denio 331

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 15, 1845

StatusPublished

Cited by7 cases

This text of 1 Denio 331 (Varnum v. Wheeler) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Varnum v. Wheeler, 1 Denio 331 (N.Y. Super. Ct. 1845).

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Opinion

Per Curiam.

The bankrupt act (§ 1) provides that “ all persons” “ owing debts,” <fcc. “ who shall by petition,” &c. “ apply to the proper court,” &c. “ shall be deemed bankrupts with[332]*332in the purview of this act, and may be so declared accordingly.” It should have been positively averred in the plea that the defendant at the time of presenting his petition owed debts. The averment is that the petition set forth that he owed debts. This is not sufficient. Facts which are necessary to confer jurisdiction must be positively stated.

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Per Curiam.

The bankrupt act (§ 1) provides that “ all persons” “ owing debts,” <fcc. “ who shall by petition,” &c. “ apply to the proper court,” &c. “ shall be deemed bankrupts with[332]*332in the purview of this act, and may be so declared accordingly.” It should have been positively averred in the plea that the defendant at the time of presenting his petition owed debts. The averment is that the petition set forth that he owed debts. This is not sufficient. Facts which are necessary to confer jurisdiction must be positively stated.

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Bluebook (online)

1 Denio 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/varnum-v-wheeler-nycterr-1845.

Opinion

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