Legal Opinion

Dowling v. Howard

U.S. Circuit Court for the District of District of Columbia

Decided March 15, 1837PublishedCited by 1 opinion

Bowen & Dowling filed their bill in equity for an injunction to prevent the present defendant, Howard, from issuing execution against them, upon a judgment for $33.50, which he had recovered against them, and which they had paid and satisfied to one Thomas Lloyd, who purchased the judgment at a sale thereof, by a constable who had seized it upon a fieri facias issued by one against the said Howard, and sold it under that execution.

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Bowen & Dowling filed their bill in equity for an injunction to prevent the present defendant, Howard, from issuing execution against them, upon a judgment for $33.50, which he had recovered against them, and which they had paid and satisfied to one Thomas Lloyd, who purchased the judgment at a sale thereof, by a constable who had seized it upon a fieri facias issued by one against the said Howard, and sold it under that execution. These facts being stated in the bill, an injunction was granted by the Chief Judge, in vacation, on the 2d of November, 1883. The bill was taken for confessed, for…

1Opinion of the Court

The Court,

(Thruston, J.,

absent,) upon considering the bill, was of opinion that the judgment could not be seized and sold under a fieri facias against the creditor in the judgment, and dissolved the injunction; whereupon the complainants dismissed their bill.

2Cited by1 opinion

  1. Eldridge v. BushSuperior Court of New Hampshire · 1809

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