Harrison v. Gales, Special Bail of Russell

Harrison v. Gales, Special Bail of Russell. Discharge under the insolvent law of Alabama. Exoneretur. Mr. Bradley, moved to discharge the bail, the debtor having been discharged both by the law of Alabama, and by that of this district. Mr. Bradley produced a certified copy of the law of Alabama, and of the proceedings under it. The plaintiff was a citizen of Alabama, and obtained judgment here against Bussell, but Bussell was not in confinement upon that judgment when discharged under the insolvent law of this district. Mr. Wallach, for the defendant, contended, that by bringing suit here the plaintiff was to be considered as pro hac vice, residing in this district, so that the discharge operated against him, although the defendant was not in confinement at his instance at the time of the discharge; and referred to the case of Ogden v. Sounders, in 12 Wheaton. [MAJORITY] Upon this point, however, the Court gave no opinion; being satisfied as to the discharge under the law of Alabama. Bail exonerated, (ThRUston, J. absent.)