Edmeston v. Lyde
New York Court of Chancery
The complainants recovered judgment against the defendants in the Supreme Court for $3,945 59, and issued a fieri facias thereon to the sheriff of the city and county of New York, where the defendants were arrested and where they still resided.
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The complainants recovered judgment against the defendants in the Supreme Court for $3,945 59, and issued a fieri facias thereon to the sheriff of the city and county of New York, where the defendants were arrested and where they still resided. The sheriff having returned the execution unsatisfied, the complainants filed their bill in this cause for a discovery, and to obtain satisfaction of their judgment out of the equitable estate and choses in action of the defendants, which could not be reached by the execution at law. By the answer, the facts stated in the bill were admitted. The…
1Opinion of the Court
*639The Chancellor :—The first question in this case is as to the rights of the other judgment creditors of the defendants, and whether they are necessary parties. It might be sufficient in this case to say they do not stand in the same right with the complainants, as it does not appear by the answer that executions in those causes have been actually returned unsatisfied; which was necessary to give them any right to come into this court for relief; (Beck v. Burdett, 1 Paige’s R. 305.) But it may be useful to inquire whether they would be necessary parties, even if that fact was distinctly…
2Cases cited2 opinions
- Clarkson v. De PeysterNew York Court of Chancery · 1831
- Tarbell v. GriggsNew York Court of Chancery · 1831
3Cited by80 opinions
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Freedman's Savings & Trust Co. v. EarleSupreme Court of the United States · 1884
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