A Treatise on the Law of Sheriffs and Other Ministerial Officers

F. H. Thomas & Company, 1884 - 758 σελίδες

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Σελίδα 124 - The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law.
Σελίδα 159 - That the defendant is about to remove any of his property out of the jurisdiction of the court in which the suit is brought with intent to defraud his creditor or creditors; or, 2.
Σελίδα 524 - Any distinct act of dominion wrongfully exerted over one's property, in denial of his right, or inconsistent with it, is a conversion.
Σελίδα 37 - If the act from which the injury resulted was an official act, the authorities are clear that the sheriff is answerable ; if it was not an official but a personal act, it is equally clear that he is not answerable. But an official act does not mean what...
Σελίδα 271 - If the property levied on, be claimed by a third person as his property, the sheriff...
Σελίδα 17 - The ministerial office of the coroner is only as the sheriff's substitute. For when just exception can be taken to the sheriff, for suspicion of partiality, as that he is interested in the suit, or of kindred to either plaintiff or defendant, the process must then be awarded to the coroner, instead of the sheriff, for execution of the king's writs.
Σελίδα 138 - ... it is said in 18 Edw. IV. 4a, by Littleton, and all his companions it is resolved, that the sheriff cannot break the defendant's house by force of a fieri facias, but he is a trespasser by the breaking, and yet the execution which he then doth in the house is good.
Σελίδα 372 - Whenever property of a surety is hypothecated with property of the principal, the surety is entitled to have the property of the principal first applied to the discharge of the obligation.
Σελίδα 122 - When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or in concealing or disposing of the property for the taking, detention, or conversion, of which the action is brought. 5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.
Σελίδα 393 - Judgments and decrees rendered by any court of record shall be a lien on the real estate of the person against whom they are rendered, situate in the county for which the court is held.

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