Campbell v. Tarbell
Supreme Court of Vermont
Debt on injunction bond. Heard on the report of a referee, December Term, 1881, Powers, J., presiding. Judgment for the plaintiff to recover $581.70. The referee found that it did not appear that the plaintiff, or sheriff who held the execution, knew of the injunction until it was served ; that the prayer of the bill was: “ To enjoin and strictly forbid the said Hazen Campbell and the said Luke Parish, and their confederates, agents and attorneys, from proceeding further in…
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Debt on injunction bond. Heard on the report of a referee, December Term, 1881, Powers, J., presiding. Judgment for the plaintiff to recover $581.70. The referee found that it did not appear that the plaintiff, or sheriff who held the execution, knew of the injunction until it was served ; that the prayer of the bill was: “ To enjoin and strictly forbid the said Hazen Campbell and the said Luke Parish, and their confederates, agents and attorneys, from proceeding further in the collection of said execution, issued upon the judgment, etc ;” that the injunction was : “ The said Campbell and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The allegations in the bill brought by the defendant Tarbell against the plaintiff upon which he predicated his claim for relief were, that the plaintiff had obtained a fraudulent judgment against him, and that he had offsets against that judgment which he had been fraudulently prevented from making. The plaintiff had taken out an execution upon said judgment which was, on the 9th day of August, 1876, in the hands of Luke Parish, a deputy sheriff, for collection. The prayer of the bill, as far as relates to an injunction, was that the…
2Cited by1 opinion
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