Hendricks v. Dundass
Hendricks v. Dundass
Opinion of the Court
It is unnecessary to decide, whether the execution in this case issued by sufficient authority or not, the opinion of the Court being with the appellee upon another point. It may suffice to observe, that the permission obtained from Mr. Hepburn and Mr. Lee was merely intended as a fa\ or to Taylor, and ought not to have turned to the disadvantage of the person on whose account they acted. This though not expressed must have been understood.
The facts stated upon this record certainly exhibit as strong a case as can be imagined, to warrant the interposition of the Court, whose justice was so glaringly attempted to be eluded and abused. The execution is carried by the agent of Taylor into a distant county in pursuit of Hendricks, who, with his property, was removing from the reach of his creditors. It Is there levied upon his property, and the Commissioners are informed that both James and John Hendrickshad left Alexandria greatly in debt; were there considered as bankrupts, and were clandestinely removing from thence. Notwithstanding this caution, they restore the debtor his property upon his giving a tw elve-month’s bond, and accept his brother as security, who was then absconding with his property.
Judgment affirmed.(
(1) Commonwealth v. Hewett, 2 Hen. & Munf. 115.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.