Staats v. Herbert
Court of Chancery of Delaware
Bill in Equity for an Injunction and to Impeach a Judgment.—-This bill seeks to enjoin an execution, issued upon a judgment, entered in the Superior Court for New Castle County, No. 661 to May Term, 1870,'for $2950, at suit of William Herbert, late sheriff, against Jacob Staats and David Staats. It also seeks a decree to set aside the judgment.
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Bill in Equity for an Injunction and to Impeach a Judgment.—-This bill seeks to enjoin an execution, issued upon a judgment, entered in the Superior Court for New Castle County, No. 661 to May Term, 1870,'for $2950, at suit of William Herbert, late sheriff, against Jacob Staats and David Staats. It also seeks a decree to set aside the judgment. The case made by the bill is this :— Susan B. Justis held a judgment against Jacob Staats and William S. Deakyne for $2500, entered in the Superior Court, No. 348 to May Term, 1867. A fieri facias was issued on this judgment to the November Term, 1868,…
1Opinion of the Court
The Chancellor :—
The argument of this cause embraced two general questions, viz: First, whether the judgment in controversy should not be decreed to be satisfied on the ground of invalidity in the bond upon which it was entered ; and, second, whether, at. all events, the execution of it should not be enjoined under the present condition of the defendant Herbert’s claim. We will first consider the latter question.
Assuming the bond to be valid and the judgment *516duly entered, and of force, still there can be no doubt that the execution was illegally issued. The judgment, although upon its face…
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