Williams v. Hogeboom
New York Court of Chancery
This was an application, upon a creditor’s bill, for the appointment of a receiver. The judgment against the defendant was recovered in the supreme court, in a suit commenced previous to the first of June, 1840, when the "act concerning costs and fees in courts of law and for other purposes,” went into effect.
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This was an application, upon a creditor’s bill, for the appointment of a receiver. The judgment against the defendant was recovered in the supreme court, in a suit commenced previous to the first of June, 1840, when the "act concerning costs and fees in courts of law and for other purposes,” went into effect. On the 6th of July, 1840, an execution was issued upon the judgment, directed to the sheriff of the county of Columbia, and such execution was made returnable on the 11th of the same month; instead of sixty days from the receipt of the execution by the sheriff, as directed by the 24th…
1Opinion of the Court
The Chancellor.
The objection that the complainant has not exhausted his remedy at law, because the sheriff did not wait till after the return day of the execution before he made his return thereon, is not well taken. The sheriff is authorized to make and file his return to process either on or after the return day thereof; although this court will not permit a creditor’s bill, founded upon such return, to be filed here until the return day of the execution is past. (Cassidy v. Meacham, 3 Paige’s Rep. 311.) Here the execution was returnable, and had been returned unsatisfied, several days…
2Cases cited3 opinions
- Williams v. RogersNew York Supreme Court · 1809
- Scott v. ShawNew York Supreme Court · 1816
- Cramer v. Van AlstyneNew York Supreme Court · 1812
3Cited by7 opinions
- Forbes v. . WallerNew York Court of Appeals · 1862
- Bacon v. . CropseyNew York Court of Appeals · 1852
- Marks v. HardySupreme Court of Missouri · 1885
- Forbes v. WallerNew York Court of Appeals · 1862
- How v. KaneWisconsin Supreme Court · 1850
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