Cornelius McClean v. Thomas Plumsell

Cornelius McClean v. Thomas Plumsell. An insolvent debtor, found guilty upon allegations filed under the 7th section, of the insolvent act of the District of Columbia, wiE not be ordered into close custody if he is out upon a prison-bounds bond. Allegations were filed by C. McClean, a creditor, against Thomas Plumsell, a petitioner for the benefit of the “ Act for the relief of insolvent debtors within the District of Columbia,” upon which he was found guilty. Mr. Morfit, for the creditor, prayed that the debtor might be committed to close custody, although he was out upon a prison-bounds bond. [MAJORITY] But the Court refused, and directed that the entry of the judgment of the Court be, “that the said Thomas Plumsell be precluded from any benefit under the act,” &c., according to the precedent in Walter Newton’s case, at April term, 1824. [2 Cranch, C. C. 467.] See the case of Keirll v. McIntire, at May term, 1826, [2 Cranch, C. C. 670,] and Fitzgerald's case, at this term, [post, 90.]