Parker v. Moore

New York Court of Chancery

Parker v. Moore

3 Edw. Ch. 234, 1838 N.Y. LEXIS 256, 1838 N.Y. Misc. LEXIS 7

CourtNew York Court of Chancery

DecidedSeptember 25, 1838

StatusPublished

Cited by2 cases

This text of 3 Edw. Ch. 234 (Parker v. Moore) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Moore, 3 Edw. Ch. 234, 1838 N.Y. LEXIS 256, 1838 N.Y. Misc. LEXIS 7 (N.Y. 1838).

Pincite

Opinion

The Vice-Chancellor :

This case is very different from the ordinary cases presented by creditors’ bills. The bill, itself, shows that a writ of fieri facias has not been issued since the year one thousand eight hundred and thirty-five ; and, yet, it exhibits a large present amount of property that could be taken under an execution. The defendant is openly doing an extensive business, and in the possession of a large amount of property of his own.

All that the complainant has to do is to issue another writ of fieri facias, and levy. There would seem to be no obstacle in the way of his remedy at law. The motion for a receiver must be denied; but as the bill is still pending, the costs of opposing the motion may abide the event of the suit.

Free access — add to your briefcase to read the full text and ask questions with AI

The Vice-Chancellor :

This case is very different from the ordinary cases presented by creditors’ bills. The bill, itself, shows that a writ of fieri facias has not been issued since the year one thousand eight hundred and thirty-five ; and, yet, it exhibits a large present amount of property that could be taken under an execution. The defendant is openly doing an extensive business, and in the possession of a large amount of property of his own.

All that the complainant has to do is to issue another writ of fieri facias, and levy. There would seem to be no obstacle in the way of his remedy at law. The motion for a receiver must be denied; but as the bill is still pending, the costs of opposing the motion may abide the event of the suit.

Cite This Page — Counsel Stack

Bluebook (online)

3 Edw. Ch. 234, 1838 N.Y. LEXIS 256, 1838 N.Y. Misc. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-moore-nychanct-1838.

Opinion

Related

Cite This Page — Counsel Stack