Myrick v. Selden
New York Supreme Court
APPEAL from an order made at a special term, sustaining a demurrer to the supplemental complaint. On the 5th of July, 1851, Albert Q-. Myrick and Josiah W. Myrick (the latter now deceased) recovered a judgment against Ansel Frost and Harmon Hibbard, for $5936.09, and execution thereon was returned wholly unsatisfied, September 21, 1851. In August, 1851, Albert Gr.
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APPEAL from an order made at a special term, sustaining a demurrer to the supplemental complaint. On the 5th of July, 1851, Albert Q-. Myrick and Josiah W. Myrick (the latter now deceased) recovered a judgment against Ansel Frost and Harmon Hibbard, for $5936.09, and execution thereon was returned wholly unsatisfied, September 21, 1851. In August, 1851, Albert Gr. Myrick caused a writ of ne exeat to be issued against Frost, to the sheriff of Monroe, where Frost resided ; but Frost eluded the sheriff, and fled from the state to New England. In December, 1851, the original suit (to which this…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
The demurrer in this case, I think, was rightly disposed of at the special term. The supplemental complaint set up no right of action, as against the defendants Selden and Graves. The plaintiff and Selden are both judgment creditors of the defendant Frost, and are both pursuing their lawful remedies for the collection of their respective judgments from the equitable property of. their common judgment debtor. The property of Frost, which both creditors are seeking to reach, is vested in the receiver Graves, and can only be appropriated by him under the order of…
2Cases cited3 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Corning & Norton v. WhiteNew York Court of Chancery · 1831
- Boynton v. RawsonNew York Court of Chancery · 1841
3Cited by6 opinions
- Hayes v. . NourseNew York Court of Appeals · 1889
- Chippewa Credit Corp. v. StrozewskiAppellate Division of the Supreme Court of the State of New York · 1940
- Olyphant v. PhyfeNew York Supreme Court · 1899
- Hollister v. EnglehartNew York Supreme Court · 1877
- Holmes v. McDowellNew York Supreme Court · 1878
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