Cuyler v. Moreland

Citations

• 6 Paige Ch. 273
• 1837 N.Y. LEXIS 291
• 1837 N.Y. Misc. LEXIS 69

Syllabus

<p>Mo person is authorized to appeal from a decree or order of a vice chancellor unless he is injured Or aggrieved by it. And á party who is aggrieved by one part of a decree only, cannot by appeal call in question another part of the decree in which he is not ihterested.</p> <p>Where an execution against the property of the defendant in a judgment has been issued to the proper county, and has been returned unsatisfied, the plaintiff may file a creditor’s bill, founded thereon, although he has subse- : quently issued a second execution to another county, and which execution has not yet been returned by the sheriff, if such execution has not been levied upon property belonging to the defendant sufficient to satisfy thd amount due.</p> <p>Where the right to file a creditor’s bill once exists, by the return of an execution unsatisfied, if the defendant has property which is the proper subject of a sale on execution, but which has been fraudulently assigned or incumbered, and has other property which can only be reached by a bill in equity, the plaintiff in the judgment may take out a second execution for the purpose of obtaining a specific lien upon the property which is a proper subject of sale on execution, and may then file his bill in chancery for the double purpose of removing the fraudulent obstruction to his second execution at law, and of having both species of the defendant’s property applied to satisfy the judgment debt.</p> <p>The levy of an execution upon property of the defendant which is not sufficient to satisfy the whole judgment debt, is only a bar to a scire facias, or a suit upon the judgment, pro tanto; and such a levy cannot be pleaded in bar of the suit or scire facias generally.</p>