Leggett v. Hopkins
New York Court of Chancery
This was an application by the defendants to dissolve an injunction issued upon the filing of a creditor’s bill, in the usual form. The defendants were abundantly able to pay the debt for which they were sued, they having a large amount of property in the western part of this state, where they resided. Being in the city of New-York they were sued there in the court of common pleas, and a judgment was recovered against them.
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This was an application by the defendants to dissolve an injunction issued upon the filing of a creditor’s bill, in the usual form. The defendants were abundantly able to pay the debt for which they were sued, they having a large amount of property in the western part of this state, where they resided. Being in the city of New-York they were sued there in the court of common pleas, and a judgment was recovered against them. An execution was afterwards issued upon that judgment, and the defendants having no property within the jurisdiction of the court, the execution was returned by the…
1Opinion of the Court
The Chancellor
decided that the complainant, after having recovered one judgment in a court of record in this state, and having an execution upon that judgment issued to *150the proper county and returned unsatisfied, was not bound to bring another suit upon the judgment in the county where the property of the defendants was situated, or where they resided, before he was authorized to proceed against them in this court; that as the debt was justly due, it was the duty of the defendants to pay it without suit; that if they had a very large property, as it appeared from their answer they had, they…
2Cited by1 opinion
- Wheeler v. HeermansNew York Court of Chancery · 1846