LYMAN A. SPALDING, PLAINTIFF IN ERROR,
v.
THE PEOPLE OF THE STATE OF NEW YORK, EX REL. FREDERIC F. BACKUS, DEFENDANTS

U.S. | 1846-01-01
4 How. 21 Supreme Court of the United States (1846) Positive Treatment
Also reported at: 11 L. Ed. 858 · SCDB 1846-008 · 1846 U.S. LEXIS 382
Cited by 15 cases
Opinion of the Court
Mr. Chief-Justice TANEY

Mr. Chief-Justice TANEY delivered the opinion of the court.

The court have considered this case, and have come to the conclusion that the judgment of the Court of the State of New York for the Correction of Errors must be affirmed. But there is. some difference among the justices who concur in affirming the judgment as to the principles, upon which the affirmance ought to be placed. No further opinion will, therefore, be delivered, than merely to pronounce the judgment of this court, affirming.'the judgment rendered by the state court.

Dissent
Mr. Justice McLEAN. .

Mr. Justice McLEAN. .

I dissent from the judgment of the court.,

Mr. Justice WAYNE..

I do not concur with the majority of the court, and think that the judgment of the Court for the Trial of Impeachments and for die Correction of Errors should be reversed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Perez et ux. v. Campbell, 402 U.S. 637 (U.S. 1971)
    …v. Wickham, 382 U. S. 111, 124-129 (1965), but on the merits the Court, by a five-to-three vote, sustained all the Utah statutes then under attack:4 “But the lesson Zavelo [v. Reeves, 227 U. S. 625 (1913)] and Spalding [v. New York ex rel. Backus, 4 How. 21 (1845)] teach is that the Bankruptcy Act does not forbid a State to attach any consequence whatsoever to a debt which has been discharged. “The Utah Safety Responsibility Act leaves the bankrupt to some extent burdened by the discharged debt. Certa…
  • Kesler v. Dep't of Pub. Safety of Utah, 369 U.S. 153 (U.S. 1962)
    …. § 35. This Section provides in part, “A discharge in bankruptcy shall release a bankrupt from all of his provable debts, whether allowable in full or in part 314 U. S. 33. See Zavelo v. Reeves, 227 U. S. 625; Spalding v. New York ex rel. Backus, 4 How. 21 (1846) (decided under an earlier bankruptcy law); Parker v. United States, 153 F. 2d 66; In re Koronsky, 170 F. 719; cf. Crawford v. Burke, 195 U. S. 176; Tinker v. Colwell, 193 U. S. 473. The application of the Supremacy Clause is increasingly bec…
    1 / 3
  • Parker v. United States, 153 F.2d 66 (1st Cir. 1946)
    …ption was one of civil contempt. In conclusion, we add some comment on certain decided cases, most of which were cited in the District Court’s memorandum opinion. •The leading case is an old one, Spalding v. State of New York ex rel. Backus, 1846, 4 How. 21, 22, 11 L.Ed. 858. In that case, Backus obtained a money judgment against Spalding. Thereafter, Backus filed a creditor’s bill against Spalding in the New York Court of Chancery, in which proceeding an injunction was issued restraining Spalding fro…

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