Corning v. Stebbins — 6 Sarat. Ch. Sent. 29

Majority

p. 29

Erastus Corning et al v. Jared N. Stebbins.

J. Rhoades, for complainants ;

A. Bockes, for defendant.

Headnote

Time within which a creditor’s bill may be filed.-

In this case the chancellor decided that a creditor’s bill may be filed at any time within ten years after the complainant has exhausted his remedy against the defendant’s property by the return of an execution unsatisfied which has been issued to the proper county. And that there is no limitation in the statute, of the right of a judgment creditor in such cases, to apply to this court for relief; except the ten years which the statute has fixed as the time within which suits purely of equitable cognizance must be brought in courts of equity.

The case of Storms v. Ruggles (1 Clarke's Ch. Ref. 148) to the contrary, overruled.

That after the expiration of ten years since the return of an ex-> ecution unsatisfied, the complainant must issue a new execution to the county where the defendant resides, before he can file a credft tors bill; where his right, founded upon the return of the first execution is barred by lapse of time, and the judgment still remain in force.

Motion to set aside order for appointment of receiver, to dissolve the injunction, and to take the amended bill off the files for irregularity, denied with costs.

p. 30

Costs suits whether act-wife pen-den*e |ite al;e t0 deducted from the taxed bil!‘

Form of decree “ ^respects costs,

When no extra be°madefor*" costs,