Bayley v. Bayley

Reed, V. C.

The first ground assigned is that the bill sets out no cause of irreparable injury, in that it does not show that there was no other ‘real estate belonging to the defendant out of which the complainant’s judgment might have been made.

It is not essential that there shall be an allegation that the ■defendant has no other property liable to satisf,y the complainant’s judgment, if he shows that he has exhausted his legal Temedy. Sm. Eq. Rem. 136 n; Daskam v. Neff, 79 Wis. 161. This bill, however, docs not show that the complainant has exhausted his remedy at law. If the return to the…