Orr & Lindsley v. Moore
Orr & Lindsley v. Moore
Opinion of the Court
Opinion by
§'587. Injunction; where there are several defendants, should not he dissolved on answer of but one, where fraud is charged in the hill. The rule is, where fraud is charged in the bill against several parties, the answer
§ 588. Creditors; several may join in bill for injunction, tullen, etc. That several creditors may join in filing a bill for injunction, when they have similar rights with respect to the property of their debtor, is no longer an open question. Indeed, to prevent a multiplicity of suits, this course should be commended. Such a bill is not multifarious, for it relates to but one subject matter. [Bump on Fraud. Conv. 533, 531.]
§ 589. Void judgment; injunction against, by attaching creditors. Appellee S. Y. Moore sued one Oarelock in the county court on two promissory notes, amounting, in the aggregate, exclusive of interest, to the sum of $1,059.10, and sued out an attachment, which was levied upon Oarelock’s goods. Moore obtained a judgment for the full amount of his claim, and for a foreclosure of his attachment lien. Appellants, and other creditors of Oarelock, joined in a suit for an injunction to restrain the sale of the property attached by Moore, alleging that Moore’s judgment was void for want of jurisdiction, and was fraudulent, and obtained for the purpose of hindering, delaying and defeating the creditors of Oarelock; and that Oarelock was insolvent, and the property levied upon was the only property subject to his debts, and was not more than sufficient to satisfy their claims. That they had filed suits upon their claims against Oarelock, and had acquired attachment liens upon the property in controversy, etc. The court below, upon exceptions made by appellees to the bill, dissolved the injunction previously granted, and dismissed the bill. Held, the judgment obtained by Moore against Oarelock,
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.