Janvier v. Sutton
Superior Court of Delaware
The first of these cases was an alias plu. fi. fa., for $3,636, 28, issued Sept. 9, 1839, to-Nov. Term, 1839. The second a fi. fa., for $1,200; issued Sept. 19, 1869, to Nov.
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The first of these cases was an alias plu. fi. fa., for $3,636, 28, issued Sept. 9, 1839, to-Nov. Term, 1839. The second a fi. fa., for $1,200; issued Sept. 19, 1869, to Nov. Term, 1839. To both of these writs the sheriff returned a levy and sale of defendant’s goods; and he brought into court $1,691 40, the proceeds of sale. moved for leave to take out of court the amount of his execution, on the ground that Janvier had lost preference by the irregular mode of issuing his execution, and by staying the same in the sheriff’s hands. Janvier’s judgment was entered 4th Nov. 1833, and a fi. fa.…
1Opinion of the Court
Bayard, Chief Justice:
This' case presents the same point which was decided in the cases of Kellog vs. Griffin, 17 Johns. 274, and Pringle vs. Isaac, 11 Price Exch. Rep. 445, in both of which the plaintiff as in this wished to indulge the defendant, and yet to preserve his lien, and gave like conditional orders to the sheriff not to proceed, unless pressed by junior executions. The uniform current of decisions in the English courts, and in those of New York, has settled the principle, that if the plaintiff suffers his execution to become dormant, it is to be considered as constructively…
2Cases cited2 opinions
- Kellogg v. GriffinNew York Supreme Court · 1820
- State v. MooreNew York Court of General Session of the Peace · 1921
3Cited by1 opinion
- Short v. LandesSuperior Court of Delaware · 1944