Bay State Iron Co. v. Goodall
Supreme Court of New Hampshire
In Equity. The bill sets forth that the plaintiffs, a corporation in Massachusetts, doing business in Boston, at the Court of Common Pleas, in Hillsborough, February term, 1857, recovered judgment against I. Goodall, of Bath, in Grafton county, for $13,230.01 debt, and $30.68 costs. .A writ of execution issued on said judgment, May 8,1857, and was delivered, September 22, 1857, to the sheriff of Grafton, for service, who made diligent search and found no goods or estate of…
Read the full summary
In Equity. The bill sets forth that the plaintiffs, a corporation in Massachusetts, doing business in Boston, at the Court of Common Pleas, in Hillsborough, February term, 1857, recovered judgment against I. Goodall, of Bath, in Grafton county, for $13,230.01 debt, and $30.68 costs. .A writ of execution issued on said judgment, May 8,1857, and was delivered, September 22, 1857, to the sheriff of Grafton, for service, who made diligent search and found no goods or estate of said Goodall, and therefore, on the return day, returned the execution to the court unsatisfied; .that said Q-oodall was…
1Opinion of the CourtBell, C. J.
It was formerly held to be within the jurisdiction of the court of chancery in England to entertain a bill for discovery in aid of an execution at law. The authorities which support this position are found collected in Bayard v. Hoffman, 4 Johns. Ch. 453; Brinkerhoff v. Brown, 4 Johns. Ch. 677; Hadden v. Spador, 20 Johns. 562. Since these decisions the law has been considered settled in this country in favor of this equitable jurisdiction, though the current of authority in England, since 1790, is said to be adverse to this proceeding*. Gordon v. Lowell, 21 Me. 251; Bigelow v. Society, 11 Vt.…
2Cases cited14 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Edmeston v. LydeNew York Court of Chancery · 1829
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Livingston v. TompkinsNew York Court of Chancery · 1820
- Clarkson v. De PeysterNew York Court of Chancery · 1831
9 more not listed; retrieve them via the Exa API.