Sherwood v. Buffalo & New-York City Railroad

By the court—Greene, Justice.

The affidavits in this case show the recovery of a judgment by plaintiff against the defendant prior to the commencement of this proceeding, and that an execution had been issued to the sheriff of Wyoming county, where the judgment had been docketed, and returned unsatisfied. It also appears that, at some time prior thereto, the defendant had recovered judgments against Brainard & Smith, which were, at the time of the return of the execution, due and owing to the *137defendant. Upon these affidavits the plaintiff made an application to Scott, county judge of Wyoming…