United States v. Wilson, 21 U.S. 253 (1823)

U.S. Supreme Court

United States v. Wilson, 21 U.S. 8 Wheat. 253 253 (1823) United States v. Wilson

21 U.S. (8 Wheat.) 253

ON CERTIFICATE OF DIVISION OF OPINION AMONG JUDGES OF

THE CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

An insolvent debtor who has received a certificate of discharge from

arrest and imprisonment under a state insolvent law is not entitled to

be discharged from execution at the suit of the United States.

The defendant was taken on 16 July, 1819, in execution by the marshal upon a judgment obtained against him at the suit of the United States in the District Court for the Southern District of New York and committed to the custody of the Sheriff of the City and County of New York under an Act of the Legislature of the State of New York passed April, 1813, and subsequently received his

Page 21 U. S. 254

certificate of discharge under the act of the said state passed April, 1819, entitled "An act for abolishing imprisonment for debt." A motion was made in the court below for the defendant's discharge from custody on the ca. sa. issued against him at the suit of the United States, and on the question whether he was entitled to his discharge, the judges were divided in opinion, and the division was thereupon certified to this Court.

Page 21 U. S. 255

The Court directed the following certificate to be sent to the circuit court:

CERTIFICATE. This cause came on to be heard on the transcript of the record of the United States Court for the Second Circuit and Southern District of New York on the question on which the judges of that court were divided and which was certified to this Court. On consideration whereof this Court is of opinion that the said Joseph Wilson, who was in execution under a judgment obtained

Page 21 U. S. 256

by the United States, is not entitled to a discharge of his person under the act of the State of New York entitled, "An act abolishing imprisonment for debt," passed April, 1819. All which is directed to be certified to the circuit court for the Second Circuit and Southern District of New York.