Gridley v. Garrison & Forman
New York Court of Chancery
This was an appeal from a decree of the" late equity court of the seventh circuit. The complainants, in October, 1825, recovered a judgment against W. Garrison in the Onondaga common pleas, for about $400. They afterwards took out a ca. sa., but by mistake it was issued as upon a judgment in the supreme court.
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This was an appeal from a decree of the" late equity court of the seventh circuit. The complainants, in October, 1825, recovered a judgment against W. Garrison in the Onondaga common pleas, for about $400. They afterwards took out a ca. sa., but by mistake it was issued as upon a judgment in the supreme court. An action of false 'imprisonment was thereupon brought by Garrison, in the supreme court, against H. Raynor, one of the complainants, who delivered the erroneous ca. sa. to the sheriff, and a judgment was recovered against him for $60 and the costs of suit. The defendant S. Forman was…
1Opinion of the Court
-The Chancellor.
The judge, in delivering bis opinion in the equity court, puts his decision upon two grounds : First, That the complainants’ demand is unliquidated, inasmuch as several payments and offsets are claimed; and Secondly, That the remedy of the complainants was adequate at law. Their judgment, however, was not an unliquidated demand, within the meaning of the rule to which the circuit judge refers. It was so far liquidated that they were entitled to take out an execution for the balance due thereon, subject to the right of the defendant to apply for summary relief if they attempted…
2Cases cited1 opinion
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
3Cited by12 opinions
- Beecher v. Peter A. Vogt Manufacturing Co.New York Court of Appeals · 1920
- Stilwell v. . CarpenterNew York Court of Appeals · 1875
- Nicoll v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1836
- Bank of Bellows Falls v. Rutland & Burlington RailroadSupreme Court of Vermont · 1856
- McDonald v. NapierSupreme Court of Georgia · 1853
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