Stanley Matthews, Krippendorf v. Hyde — Opinion of the Court
“ No one, for instance, would hesitate to say that, according to the English chancery practice, a bill to enjoin a judgment at law is an original bill in the chancery sense of the word. Yet this court has decided many times that when a bill is filed in the circuit court to enjoin a judgment of that court, it is not to be considered as an original bill, but as a continuation of the proceeding at law ”
Stanley Matthews, Krippendorf v. Hyde — Opinion of the Court
“ Justice MILLER, delivering the opinion of the court, said: 'Now, this obviously refers to the control of the court over its own officer, in the execution of its own writs, and is applicable to other misconduct of that officer in the execution of his official duties, as in cases of seizures of property not liable under an execution in his hands. The remedy needs no formal chancery proceeding, but a petition or motion, with notice to the sheriff, is not only all that is required, but is the most speedy and appropriate mode of obtaining relief. ”
Stanley Matthews, Krippendorf v. Hyde — Opinion of the Court
“ Relief, either in a suit in equity, or an action at law, may properly be given in some cases, in a summary way, by motion merely, supported by affidavits. In actions at law, where goods have been taken in execution after judgment, or upon attachment before, a proceeding in the nature of an interpleader might be appropriately ordered by the court, such as was given in the English practice to the officer by the statute of 1 & 2 Wm. ”
