Sterne v. Spalding

1 Kirby 177

Opinion

As to the facts proved — there appears to have been uncertainty, both in regard to the right of the property, and the quantity left behind: — ■ The creditor, then, is certainly excusable for not levying his execution, and might well elect his more sure remedy against the body of the debtor, or other property, which could not be reached by that execution.

Judgment was for the- plaintiff.