Tarbell v. Griggs
New York Court of Chancery
The complainant, in this cause sued the defendant in the circuit court of the United States for the southern district of New-York, and obtained a judgment against him in that court. After the return of his execution unsatisfied, he filed his bill in this court to obtain satisfaction of his judgment out of the equitable assets and other property of the defendant which he could not discover and reach by bis execution at law.
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The complainant, in this cause sued the defendant in the circuit court of the United States for the southern district of New-York, and obtained a judgment against him in that court. After the return of his execution unsatisfied, he filed his bill in this court to obtain satisfaction of his judgment out of the equitable assets and other property of the defendant which he could not discover and reach by bis execution at law. The defendant demurred to the bill, and among other causes of demurrer, he objected that the return of an execution unsatisfied in the United States court was not…
1Opinion of the Court
The Chancellor.
This court is called upon to aid the complainant in the collection of a judgment obtained in one of the federal courts; and no equitable ground for the interference of this court is alleged in his bill, except the mere fact that a judgment has been recovered in that court, and that an execution issued thereon has been returned unsatisfied. The thirty eighth section of the title of the revised statutes relative to the court of chancery, (2 R. S. 173,) authorizes such a bill by a party in whose favor an execution at law has been returned unsatisfied. Although the language of the…
2Cited by31 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Brown v. CampbellCalifornia Supreme Court · 1893
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- National Tube Works Co. v. BallouSupreme Court of the United States · 1892
- State ex rel. Soutter v. Common Council of the MadisonWisconsin Supreme Court · 1861
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