18 Ind. 290 | Ind. | 1862
This was a proceeding by Conklin, who was the plaintiff, to enjoin one Joseph Stedham, the sheriff of Wayne county, from selling the plaintiff’s property on execution. The facts alleged in the complaint are, substantially, these: Leonidas Thurston, Isaac Thurston, Alexander Thurs-ton and Theodore Shotwell, on the 6th of July, 1855, recovered a judgment, in the Wayne Common Pleas, against Conklin, for 887 dollars. This judgment was taken by one Lafe Levelin, then, and now, the acting attorney at law for the judgment plaintiffs. These plaintiffs, together with said sheriff and attorney, are made defendants to this proceeding. It is averred that since the rendition of the judgment Conklin has paid thereon to Levelin, as such attorney, 720 dollars, but
Develin, one of the defendants, demurred to the complaint, on two grounds: 1. That he should not have been joined as a party. 2. That the complaint, as to him, does not state facts sufficient to constitute a cause of action. The Court sustained the demurrer; and, we think, correctly. As no judgment, in any form, could have been rendered against Develin in the proceeding, he was not a necessary, nor even a proper, party.
The issues were submitted to the Court who found for the defendants, and rendered a judgment refusing the injunction. We perceive no error in the record.
The judgment is affirmed, with costs.