Moore v. Wilmarth 17 F. Cas. 710, 4 Leg. Int. 195

Case No. 9,781.

MOORE v. WILMARTH et al.

[4 Leg. Int. 195.]

Circuit Court, D. Massachusetts.

Nov. 5, 1847.

Execution —Imprisonment por Debt — Federal Courts — Following State Practice-Public and Private Debtors.

1. If a debtor, after suit in this court, takes the benefit of the insolvent laws of Massachusetts, he is entitled, under the acts of congress as to imprisonment for debt, to have an execution issued against his property alone.

[See Moan v. Wilmarth, Case No. 9,686.]

2. The body of a private debtor, when sued in a United States court, is imprisoned, or not. on execution, according to the laws and policy of the state in which the execution issues; but an execution against a debtor to the United States is governed by the uniform and fixed laws of congress.

[See Moan v Wilmarth, Case No. 9,686.]

Before WOODBURY, Circuit Justice.