Leggett v. Boorum — 2 Edw. Ch. 630

Majority

p. 630

Leggett and others v. Boorum.

Nov. 21st, 1836.

Headnote

While an injunction under a judgment-creditor’s hill was upon furniture, it was taken and sold under a distress for rent. There was no other property. The court allowed the complainant to dismiss his hill without costs.

Judgment-creditor’s bill; and answer, denying property: but setting forth that, while the complainant’s injunction was in force, the defendant’s furniture had been sold under a distress for rent.

Mr. J. M. Bixby, for the complainants.

Mr. Rowley, for the defendant.

This case appears to fall within the rule laid down in Smets v. Williams, 4 Paige’s C. R. 367, and exonerates the complainants from paying the defendant’s costs on dismission of the bill. Some specific property, namely, household furniture, is pointed out which the

p. 631

complainants had some reason to believe might be applicable to their judgment, but which was afterwards swept off by a landlord’s warrant, it was sold for more than one hundred dollars. The complainants are willing to have their bill dismissed ; and, under the circumstances, they are entitled to have it dismissed, each party paying their own costs.