Hosack v. Rogers
New York Court of Chancery
This was an appeal, by the complainants, from a decision of the vice chancellor of the first circuit, denying an application for an attachment and sequestration against the defendant N. Rogers, to compel the performance of the decree in this cause. The bill was filed by the representatives of a creditor of A. Gracie deceased, against N. Rogers, as his executor, to recover a debt due to them from his testator.
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This was an appeal, by the complainants, from a decision of the vice chancellor of the first circuit, denying an application for an attachment and sequestration against the defendant N. Rogers, to compel the performance of the decree in this cause. The bill was filed by the representatives of a creditor of A. Gracie deceased, against N. Rogers, as his executor, to recover a debt due to them from his testator. Upon the coming in of the report of a master, to whom it was referred to take and state the account of Rogers as such executor, there was found due from him a balance of about $16,000,…
1Opinion of the Court
The Chancellor.
The vice chancellor was right in supposing that an attachment and sequestration were not proper remedies to enforce the performance of the decree in this cause. This court originally had no power to issue an ordinary execution against the property of a party, to enforce the performance of a decree for the payment of money; but the mode of enforcing the performance of such a decree was, the same as in other cases, by process of attachment against the defendant. The legislature of this state, however, at an early day, authorized the court to enforce obedience to its decrees by…
2Cited by20 opinions
- Ex parte WrightIndiana Supreme Court · 1879
- Geery v. . GeeryNew York Court of Appeals · 1875
- Moore v. MooreAppellate Division of the Supreme Court of the State of New York · 1911
- In re Van AlstineWashington Supreme Court · 1899
- Fromme v. GrayNew York Court of Common Pleas · 1895
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