Feldenheimer v. Tressel
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Hutchinson county; Hon. Bartlett Tripp, Judge. Creditor’s bill. Demurrer that the complaint does not state facts sufficient to constitute a cause of action for the reason that the provisions of the Code of Civil Procedure in regard to proceedings supplementary to execution are a substitute for the remedy formerly afforded by creditor’s bills and are exclusive of any other remedy by judgment creditors.
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APPEAL from the district court, Hutchinson county; Hon. Bartlett Tripp, Judge. Creditor’s bill. Demurrer that the complaint does not state facts sufficient to constitute a cause of action for the reason that the provisions of the Code of Civil Procedure in regard to proceedings supplementary to execution are a substitute for the remedy formerly afforded by creditor’s bills and are exclusive of any other remedy by judgment creditors. The demurrer was sustained fro forma in the district court and the plaintiff appealed. The only question presented is, do supplementary proceedings furnish an…
1Opinion of the CourtSpencer, J.
(After stating the above foots.) This is a bill filed by the plaintiff, as a judgment creditor, for the purpose of having declared void and set aside a conveyance of the defendants’ lands, alleged to have been made fraudulently, and praying that such lands may be subjected to the judgment recovered by said plaintiff against the defendant John J. Tressel, previous to the filing of this bill, and that the same may be sold in satisfaction of plaintiff’s judgment. The material allegations of the complaint are as follows: That the defendant John J. Tressel and one Stoner were copartners in 1884,…
2Cases cited24 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Bartlett v. . DrewNew York Court of Appeals · 1874
- Edmeston v. LydeNew York Court of Chancery · 1829
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- Allen v. TritchSupreme Court of Colorado · 1880
19 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- Investors Title Insurance Co. v. HerzigNorth Dakota Supreme Court · 2010
- Rutherford v. KesselCourt of Appeals for the Eighth Circuit · 2009
- Flagg v. School District, No. 70North Dakota Supreme Court · 1894
- Matlock v. BabbOregon Supreme Court · 1897
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