Kellogg v. Griffin
New York Supreme Court
THIS was an action against the sheriff of the county of Dutchess for a false return to an execution, and was tried at the Dutchess Circuit, in April, 1819, before Mr, Justice Woodworth, The plaintiffs gave in evidence a judgment against John Cowles in the Court of Common Pleas of Dutchess County, entered the 10th of September, 1816, for 1,921 dollars and 60 cents debt, and 10 dollars costs, and a fieri facias issued thereon, delivered to the defendant the 13th of October,…
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THIS was an action against the sheriff of the county of Dutchess for a false return to an execution, and was tried at the Dutchess Circuit, in April, 1819, before Mr, Justice Woodworth, The plaintiffs gave in evidence a judgment against John Cowles in the Court of Common Pleas of Dutchess County, entered the 10th of September, 1816, for 1,921 dollars and 60 cents debt, and 10 dollars costs, and a fieri facias issued thereon, delivered to the defendant the 13th of October, 1817, returnable the third Monday of January following, with directions to levy the sum of 960 dollars and 80 cents, with…
1Per curiam
The contest, in this case, is for the proceeds of the personal property ; for it was conceded, that the plaintiffs were entitled to the avails of the real estate. We are inclined to the opinion, that, according to the decisions of the court which have followed the rule laid down in the English courts, the plaintiffs’ execution must be considered as dormant, and constructively fraudulent. The evidence warrants the inference, that the plaintiffs issued their execution, not with an absolute intention of collecting their debt, but partly, at least, with a view to cover the property of the debtor,…
2Cited by15 opinions
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- Everingham v. National City BankIllinois Supreme Court · 1888
- Koren v. RoemheldAppellate Court of Illinois · 1880
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