King and Others, Assignees of Waine, a Bankrupt, v Bridges
| Jurisdiction | England & Wales |
| Judgment Date | 04 February 1817 |
| Date | 04 February 1817 |
| Court | Court of Common Pleas |
English Reports Citation: 129 E.R. 118
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 1 Moore, 43.
king AND others, Assignees of Waine, a Bankrupt, v. bridges. Feb. 4, 1817. [S. C. 1 Moore, 43.] The Court will not compel the sheriff to try a right between two conflicting parties, but will compel the party suing him, to indemnify him. A rule had been obtained by Best Serjt. for staying proceedings in this, which wag an action against the sheriff, until the sheriff was indemnified to the satisfaction of the prothonotary. The sheriff having on 6th December taken the goods of Maine, under an execution delivered to him on the fourth at the suit of Flower, received from the Plaintiffs a notice of Maine's bankruptcy, and that the Defendant must desist; io consequence whereof he applied to Flower for an indemnity, if he should persist: Flower refusing this, he applied to the Plaintiffs to indemnify him if be wopld return pulla bona, which the Plaintiffs in like manner refused. The Plaintiffs had: now brought an action against the sheriff for...
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Wilbraham v Snow
...Ibid. 643, Sex v. Sheriff' of Devon ; or would stay the proceedings in an action against the sheriff. 4 Taunt. 585, M'George v. Birch. 7 Taunt. 294, King v. Bridges. 1 B. Moore, 43, S. C. Chitt. Eep. 577, Probinia v. Roberts. It is entirely discretionary with the Courts whether they will in......