Boyce v. Woods
Boyce v. Woods
Opinion of the Court
This is an appeal from the judgment of the District Court, dissolving an injunction and dismissing the bill. We can see no error in the judgment.
The plaintiffs, in the execution below, were not bound by any arrangement between the plaintiff in error and his co-defendants, and the fact that Boyce made an arrangement with York, by which York’s property should be turned out to satisfy the execution, gives him no right, against the defendants in error, to enjoin the collection of their judgment.
Boyce, Hicks, and York could make what arrangement they saw proper, among themselves, but the defendants in error would not be bound by it, unless for some sufficient considerar tion they became parties to it, and it is not claimed that they ever did.
York’s death, pending the levy of the second execution, accounts for its having been returned in the manner it was, without a sale; and for anything we can see, the judgment creditor had a perfect right to proceed against his surviving debtors, without waiting upon the administration of York’s estate. It is not claimed but that Boyce, Hicks, and York
The plaintiff in execution neither lost nor abandoned his rights, nor did Boyce suffer any wrong, by the return of this execution. As between co-defendants in the judgment, whatever rights they had for contribution still exist, and Boyce may enforce those rights against York’s estate; but he cannot make them a pretense, nor do they constitute any ground in equity, for an injunction against the plures execution.
The judgment of the District Court, for the reasons given, is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.