Williams v. Hubbard
Michigan Supreme Court
Appeal from the Court of Chancery. A bill was filed by Williams against Hubbard, Barton and Mooney, for the purpose of reaching equitable assets belonging to Hubbard, the judgment debtor, and to set aside a conveyance of real estate, made by Hubbard to Mooney, to defraud creditors.
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Appeal from the Court of Chancery. A bill was filed by Williams against Hubbard, Barton and Mooney, for the purpose of reaching equitable assets belonging to Hubbard, the judgment debtor, and to set aside a conveyance of real estate, made by Hubbard to Mooney, to defraud creditors. The hill stated the obtaining-of a judgment by Williams against Hubbard and one Cooper, who was not a party to the bill, in the Oakland Circuit Court, on the 30th March, 1841; the issuing of an alias fi. fa. on 21st December, 1844 (a fi. fa. having been previously issued), returnable the second Tuesday of 'June…
1Opinion of the Court
By the court,
Miles, J.
The cause of demurrer, which I shall first notice, is that the alias fi. fa. was returned on the return day, which, 'it is insisted, is a day too soon, as a levy might be made on that day.
By the terms of the writ, the sheriff is required to return it upon the return day; and although he may keep it in his hands until the last moment of that day, for the purpose of making search'for property upon which to levy, yet he is required to return it upon that day; and if we give the officer full credit for a faithful performance of his duty under the law, we may well presume the…
2Cases cited3 opinions
- Sandford v. SinclairNew York Court of Chancery · 1840
- Austin v. FigueiraNew York Court of Chancery · 1838
- Van Cleef v. SicklesNew York Court of Chancery · 1835
3Cited by5 opinions
- Messmore v. HaggardMichigan Supreme Court · 1881
- Cook v. Casualty Ass'n of AmericaMichigan Supreme Court · 1929
- Rankin v. RothschildMichigan Supreme Court · 1889
- Central National Bank v. GrahamMichigan Supreme Court · 1898
- Messmore v. HaggardMichigan Supreme Court · 1881