Lasselle v. Moore
Indiana Supreme Court
THIS was a suit in equity, transferred from the Knox Circuit Court previously to a decree, in consequence of the interest of the circuit judge. The proceedings against the complainant, on an execution mentioned in the bill, had been enjoined by the Court below, until the hearing of the cause.
1Opinion of the CourtScott, J.
Lasselle complains in his bill, that an execution-was issued against him and another, in favour of Moore, without any judgment to authorize it; and that, after the real estate of one of the defendants had been offered for sale on a venditioni exponas, and the sheriff had returned that the property was not sold for want of bidders, a ft. fa. was sued out and levied on the personal estate of the other defendant.
This is a case properly relievable in a Court of law, by notice and motion to set aside the execution (1). If an execution be issued without a judgment, — or if, while the real estate of…
Also in this document: Per curiam.
2Cited by9 opinions
- Lindley v. KelleyIndiana Supreme Court · 1873
- Neff v. HagamanIndiana Supreme Court · 1881
- Schwab v. City of MadisonIndiana Supreme Court · 1874
- Miller v. AshtonIndiana Supreme Court · 1844
- McIver v. BallardIndiana Supreme Court · 1884
4 more not listed; retrieve them via the Exa API.