Bank v. Turnbull & Co.
Supreme Court of the United States
Error to the Circuit Court-for the District of Virginia; the case .being thus: . By the statute law of the State just named, it is enacted, that when an execution has been levied, and a party other than the defendant asserts a claim to the property levied on, -the sheriff', before-proceeding to sell, may require of the plaintiff an indemnifying bond, upon the delivery of which the claimant of the property may execute “ a suspending bond,” the effect of- which is to delay the…
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Error to the Circuit Court-for the District of Virginia; the case .being thus: . By the statute law of the State just named, it is enacted, that when an execution has been levied, and a party other than the defendant asserts a claim to the property levied on, -the sheriff', before-proceeding to sell, may require of the plaintiff an indemnifying bond, upon the delivery of which the claimant of the property may execute “ a suspending bond,” the effect of- which is to delay the sale'until the claim thereto can be-adjusted. If the claimant desires that the property should remain in the same…
1Opinion of the CourtJustice Swayne
The bank recovered a judgment against Abijah Thomas for $4700, and interest, in the Circuit Court for the county *194bf Alexandria. A-writ of fieri facias was issued to the .sheriff of that county,-and was levied upon certain personal property to satisfy the judgment.' Turnbull & Co. claimed' the property as theirs. The plaintiff’ gave'the sheriff an indemnifying bond aiid required him to sell. ' To prevent this Turnbull & Co-, gave' him a suspending bond, and', in order to have the property retained in the possession of Thomas', also a forthcoming bond. Turnbull & Co. thereupon applied to the…
2Cases cited1 opinion
- Dunn v. ClarkeSupreme Court of the United States · 1834
3Cited by51 opinions
- Krippendorf v. HydeSupreme Court of the United States · 1884
- American Automobile Ins. Co. v. FreundtCourt of Appeals for the Seventh Circuit · 1939
- Federal Savings and Loan Insurance Corporation v. Howard B. QuinnCourt of Appeals for the Seventh Circuit · 1969
- U.S.I. Properties Corp. v. M.D. Construction Co.Court of Appeals for the First Circuit · 2000
- Bondurant v. WatsonSupreme Court of the United States · 1881
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