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3 Edw. Ch. 234

Parker v. Moore

New York Court of Chancery

Decided September 25, 1838

New York Court of Chancery · decided 1838-09-25

A judgment-creditor’s bill, founded upon the return of a writ of fieri facias issued in the year one thousand eight hundred and thirty-five. After the usual allegations, the following clauses, among others, as to property, appeared in the bill: “Your orators further show and charge the fact to be that the said John A. Moore has been, for some years last past and is now, doing a large, extensive and profitable mercantile business in the of in and under his own name.

Cited by 2 later decisions — most recently June 1908

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1838-09-25

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The Vice-Chancellor :

¶1This 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.

¶2All 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.

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