Morse v. Pearl
Supreme Court of New Hampshire
Debt, on a judgment. Facts found by the court. At the time the action was brought, an execution had been issued on the judgment but not returned. The officer subsequently made a return of a levy in part satisfaction. This process was foreign attachment, and the trustees appear by their disclosures to be chargeable.
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Debt, on a judgment. Facts found by the court. At the time the action was brought, an execution had been issued on the judgment but not returned. The officer subsequently made a return of a levy in part satisfaction. This process was foreign attachment, and the trustees appear by their disclosures to be chargeable. If it is material whether the defendant had visible property subject to be taken on execution, the parties have leave to introduce evidence upon that question hereafter. The defendants moved to dismiss on the ground that the action was prematurely brought, and Avas an abuse of the…
1Opinion of the CourtBlodgett, J.
The action was not prematurely brought. A judgment creditor has a common-law right to sue upon his judgment as soon as it is rendered, and this right is neither barred nor suspended by the issuing of an execution. Hale v. Angel, 20 Johns. 342; Smith v. Mumford, 9 Conn. 26; Ives v. Finch, 28 Conn. 112; Clark v. Goodwin, 14 Mass. 237; Headley v. Roby, 6 Ohio 521; Albin v. People, 46 Ill. 372; Stewart v. Peterson, 63 Pa. St. 230; Ames v. Hoy, 12 Cal. 11; Kingsland v. Forrest, 18 Ala. 519; Freem. Judg., s. 432. ' Nor is it otherwise under our statutes. “Actions of debt upon judgments . . . may be…
2Cases cited9 opinions
- Ames v. HoyCalifornia Supreme Court · 1859
- Linton v. HurleyMassachusetts Supreme Judicial Court · 1873
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Kingsland & Co. v. ForrestSupreme Court of Alabama · 1850
- Hale v. AngelNew York Supreme Court · 1823
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sweetser v. FoxUtah Supreme Court · 1913
- Trinity EMS, Inc. v. Timothy CoombsSupreme Court of New Hampshire · 2014