Huntington v. Jones
Supreme Court of Connecticut
Action of debt on judgment against the principal defendant, with, a second count hi the nature of a creditors’ bill for the purpose of reaching and appropriating his interest in a trust estate, brought to the Superior Court in Fairfield County and tried to the court, Elmer, Ji, upon a demurrer to the complaint and prayers for relief, filed by the defendant trustees only; the court sustained the demurrer and adjudged the complaint insufficient, and the plaintiff appealed for…
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Action of debt on judgment against the principal defendant, with, a second count hi the nature of a creditors’ bill for the purpose of reaching and appropriating his interest in a trust estate, brought to the Superior Court in Fairfield County and tried to the court, Elmer, Ji, upon a demurrer to the complaint and prayers for relief, filed by the defendant trustees only; the court sustained the demurrer and adjudged the complaint insufficient, and the plaintiff appealed for alleged errors in the rulings of the court. The principal defendant, William P. Jones, made default of appearance, and…
1Opinion of the CourtAndrews, C. J.
The demurrer to the first count of the complaint was properly sustained. That count states no cause of action against the demurring defendants.
Counsel do not differ very materially as to the conditions which must exist in order that a creditors’ bill may be maintained. Such a bill is one brought to enforce the payment of a debt out of the property of the debtor, under circumstances which impede or render impossible the collection of the debt by the ordinary process of execution. 3 Pomeroy’s Equity, § 1415; 2 Beach on Equity, § 883; Vail v. Hammond, 60 Conn. 374; Ager v. Murray, 105 U. S. 126,…
2Cases cited10 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Ager v. MurraySupreme Court of the United States · 1882
- Earle v. GroveMichigan Supreme Court · 1892
- Maynard v. CleavesMassachusetts Supreme Judicial Court · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Greenwich Trust Co. v. TysonSupreme Court of Connecticut · 1942
- Coyne v. PlumeSupreme Court of Connecticut · 1916
- Burchett v. RoncariSupreme Court of Connecticut · 1980
- Corcoran v. Department of Social ServicesSupreme Court of Connecticut · 2004
- Carter v. BrownellSupreme Court of Connecticut · 1920
15 more not listed; retrieve them via the Exa API.