180

Case No. 7,643.

KEENE v. JACKSON.

[2 Cranch, C. C. 166.]1

Circuit Court, District of Columbia.

April Term, 1819.

LANDLORD AND TENANT—ATTACHMENT FOR RENT—DISCHARGE IN INSOLVENCY.

An attachment for rent not due, is superseded by the tenant's discharge under the insolvent law of the District of Columbia of the 3d of March, 1803, § 5 [2 Stat 238].

This was an attachment for rent not due, under the Virginia act of 29th November, 1792, § 8, p. 154.

Mr. Swann, for plaintiff [Newton Keene], moved for judgment on the attachment. Since the attachment was served, and before the rent became due, the tenant [J. W.] Jackson, was discharged under the insolvent law of the District of Columbia of 3d March, 1803.

Mr. Mason, for trustee of Jackson's effects, objected that the attachment was superseded by the discharge of the tenant under the insolvent act § 5.

And THE COURT (THRUSTON, Circuit Judge, absent), being of that opinion, quashed the attachment.

1 [Reported by Hon. William Cranch, Chief Judge.]

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