Miller v. Sanderson
Before: Terry
Synopsis
Where * clerk of the District Court improperly refuses to issue execution on a judgment rendered in the Court of which he is clerk, on the ground that the judgment has been attached at the suit of another party, a bill in equity can not be sustained to release the attachment and compel the clerk to issue the execution, as the injured party has his remedy at law by an action on the official bond of the clerk.
Terry, C. J., delivered the opinion of the Court Field, J., and Baldwin, J., concurring.
The decree in this case is clearly erroneous. Admitting the allegations in the plaintiff’s bill to be true, it shows that he has a perfectly adequate remedy at law by an action on the official bond of the clerk. And he must pursue his legal remedy.
Judgment reversed, and bill dismissed.
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