John Clay, Plaintiff In Error v. Abraham Smith

• Decision Date: 01 January 1830
• Citation: John Clay, Plaintiff In Error v. Abraham Smith, 28 U.S. 411, 3 Pet. 411, 7 L.Ed. 723 (1830)
• Parties: JOHN CLAY, PLAINTIFF IN ERROR v. ABRAHAM SMITH
• Court: U.S. Supreme Court

28 U.S. 411

3 Pet. 411

7 L.Ed. 723

JOHN CLAY, PLAINTIFF IN ERROR v. ABRAHAM SMITH.

January Term, 1830

ERROR to the district court of the eastern district of Louisiana.

This case was argued at January term 1828, by Mr Livingston, and was held under advisement until this term; on the suggestion of counsel, and for information upon the law of the state of Louisiana, referred to in the opinion of the court.

Mr Justice JOHNSON delivered the opinion of the Court.

This case comes up from the Louisiana district, by writ of error, to reverse a judgment obtained there by Smith vs. Clay.

Smith, is a citizen of Kentucky, and Clay, of Louisiana; and the action was brought to recover a debt incurred in the year 1808.

Clay's defense rests upon the validity of a discharge obtained in a court of the state, under a law of the state, in the year 1811. The plea sets out his petition to the court; his surrender of his effects; the schedule of his debts, in which Smith's debt is specified, as also the payment to him of ten per cent, the dividend declared by the assignees of the bankrupt; and the judgment of the court, rendered in pursuance of the consent of more than a majority of his creditors in number and amount, that he be discharged, 'as well his person as his future effects, from all the claims of his creditors.' The language of the plea is, 'upon which said petition, the usual proceedings being had thereon, the said plaintiff and other creditors and said defendant being parties thereto, the said supreme court by their final decree pronounced in the premises, on the...