Citation Numbers: 7 Johns. Ch. 206
Filed Date: 7/1/1823
Status: Precedential
Modified Date: 1/12/2023
The injunction, in this case, would
not be warranted by the doctrine in Thompson v. Brown. (4 Johns. Ch. Rep. 619.) The plaintiff is a simple contract creditor, and has not obtained a decree for an account ; and there is no case that warrants an injunction, interfering with the remedy at law, until a decree. It was admitted, in Smith v. Eyles, (2 Atk. 385.) that before a decree, the executor might confess a judgment at law, which would give priority; and in Waring v. Danvers, (1 P. Wms. 295.) the executor confessed judgment at law, pending a suit in equity, and prior to the decree; and it was held good. If the creditor is not to be restrained at law in this case, why should the administrators be restrained from suffering him to take judgment by default, or from giving him a plea of cognovit ? Until the decree, there is no just principle upon which the Court can interfere to the extent prayed for, without utterly destroying all
Motion denied.