
    The Commonwealth against Cornman.
    
      Wednesday, March 25.
    solvent laws of íkUifougiuhé petitioner do Uie lktofcreedto'the11™” Court, the plaintiff at whose suit he is imprisoned; provided he notice'p'e-16 Courf1 by tbe A discharge
    A HABEAS CORPUS issued in this case to Cornman, who was keeper of the debtors’ apartment, to produce the body of Richard Graff.
    
    The return stated, that Graff was imprisoned under an execut>on issued by alderman Bartram, for 37 dollars 48 cents, debt and costs, on a judgment obtained against him by David Fisler, before justice Thompson, which had been transferreci from the docket of the iustice to that of the alderman, J
    
      Graff was surrendered by his special bail on the 10th SepMember, 1817. On the 9th October, 1817, he was discharged under the insolvent laws, on a petition dated September 18th, 1817 ; but the name of the plaintiff was not mentioned in the list of his creditors, returned to the Court of Common Pleas.
    On this ground Golder, for the creditors, opposed his discharge.
    
      Lloyd, for Graff, was stopped by the Court.
   Per Curiam.

There is no appearance of fraud in this case. The Court of Common Pleas must have known, that David Fisler was a creditor, because Graff was imprisoned at his suit. Fisler had notice of the°application for discharge, in the manner prescribed by the Court, viz. by advertisement in the newspapers, and might have objected. He was not injured by the omission of his name in the petition. We must suppose, that the Court of Common Pleas were satisfied, that their order for giving notice had been complied with. The proceedings, therefore, are complete, and the defendant having been discharged, was not liable to be arrested again for the same debt. This Court directs, that Richard Graff be discharged from imprisonment.

Prisoner discharged.  