
    Stern et al. v. Schlesinger.
    
      (City Court of New York,
    
    
      Special Term.
    
    May 2, 1889.)
    Arrest—In Civil Actions—Former Discharge—Conflict of Laws.
    The right to arrest defendant in an action in New York, on a judgment recovered in Michigan, is not affected by the fact that defendant was arrested in the action in Michigan, and discharged on taking the oath prescribed by 2 How. St. Mich, c. 309. The provision of the statute that “the debtor, after being so discharged, shall be forever exempt from arrest or imprisonment for the same debt, ” affects only the remedy there, and has no extraterritorial effect.
    Motion to vacate an order of arrest in an action by Emanuel Stern and others against Adolph Schlesinger on a judgment. The Bosenberg Manufacturing Company, a corporation existing under the laws of New York, recovered judgment against defendant in the circuit court of the United States for the Eastern district of Michigan for the conversion of certain personal property. Defendant was arrested in that action. An order of arrest was granted herein, and defendant’s motion to vacate, on the grounds that, having been arrested in Michigan on the same cause of action, he could not be again arrested on it in New York, and that the action being on a foreign judgment the cause of action was merged, and there could be no arrest, was denied. Defendant now moves to vacate the order on affidavits showing that defendant took the “poor debtor’s oath” in Michigan, and was there discharged from imprisonment after opposition offered by the creditor, and that the effect of such discharge under the laws of Michigan is to forever exempt the defendant from imprisonment on the same cause of action.
    
      Savipter <£• Bloomfield, for plaintiffs. Gruber, Bard & Landon, for defendant.
   MoAdam, C. J.  