Dormueil v. Ward

Citations

• 108 Ill. 216
• 1883 Ill. LEXIS 73

Syllabus

<p>1. CbeDitok’s bill—jurisdiction—no judgment at law, etc. A creditor’s bill will not lie in any case upon a purely legal demand, where tlie creditor has not first exhausted his remedy at law by obtaining a judgment and execution, which prove unavailing by reason of fraudulent conveyances or want of property subject to execution at law. The creditor can not proceed in equity in the first instance, unless his claim has some equitable element, such as a trust, or the like.</p> <p>2. ■ Where an execution has been returned nulla bona upon a judgment at law, and the creditor can show that'the debtor has equitable assets whiqh can not be reached by execution, or that he, or others acting in concert with him, have fraudulently placed obstructions in the way of collecting the demand by execution,,a case will then arise for the interposition of a court of equity. This is a part of the ancillary jurisdiction of a court of equity.</p>