McElwain v. Willis
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. On the 8th November, 1831, the appellant filed a bill in chancery, befor the vice chancellor of the first circuit, stating that on the 14th day of October then last past, he obtained a judgment in the superior court of the city of New-York against G. G. Willis and W. C. Robinson, for $721,11; that he had caused a writ oí fieri facias to be issued, and that the same had been returned nulla bona.
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Appeal from chancery. On the 8th November, 1831, the appellant filed a bill in chancery, befor the vice chancellor of the first circuit, stating that on the 14th day of October then last past, he obtained a judgment in the superior court of the city of New-York against G. G. Willis and W. C. Robinson, for $721,11; that he had caused a writ oí fieri facias to be issued, and that the same had been returned nulla bona. That after the commencementof his suit, but before judgment therein, the defendants executed an assignment of their property to G. Allen, S. Baldwin and W.W.Yardley,and on the 7th…
1Opinion of the Court
The following opinions were, delivered :
By Mr. Justice Nebson.
The only question left for examination and review is as to the correctness of the decision of the court below upon the demurrer to the supplemental bill. Whether the assignment of the property of the defendants Willis and Robinson to the assignees, the other defendants, was legally fraudulent or not, on the ground that some of the trusts created therein were incompatible with the rights of the creditors, need not now be examined or decided, because the original bill, which is substantially incorporated in the supplemental bill,…
2Cited by71 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Cates v. AllenSupreme Court of the United States · 1893
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
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