
    Hendricks et al. v. Morrill et al.
    
    
      (Supreme Court, General Term, First Department.
    
    July 9, 1889.)
    Injunction—Pendente Lite.
    Where attaching creditors make a prima facie case of fraud in the entry of a judgment against the debtor on an offer of judgment, an injunction impounding the proceeds of a sale on execution issued on such judgment, pending the trial of the suit to set the judgment aside, is proper.
    Appeal from special term, Hew York county.
    Joshua Hendricks and others, attaching creditors of Case & Co., sued to set .aside a judgment recovered on an offer of judgment against said company, and in favor of Amos Morrill, and obtained an order restraining the sheriff from paying to Morrill the proceeds of a sale under an execution issued on said judgment pendente lite. .Prom this order defendants appeal.,
    Argued before Van Brunt, P. J., and Brady and Barrett, JJ.
    
      Abram, Kling, for appellants. J. B. Mullaly and Douglass & Minton, for respondents.
   Per Curiam.

The order merely impounds the proceeds of the execution sale until the questions arising between the execution and attaching creditors have been settled on a regular trial. The plaintiffs here, the attaching creditors, have certainly made out a prima facie case sufficient to justify the retention of such proceeds pendente lite. Without passing upon the merits in any way, we think under these circumstances that the proceeds should be held to await the final determination of the action. The facts bring the case within the principle of Kingsley v. Bank, 31 Hun, 329, and the injunction pendente lite is supported by Keller v. Payne, 1 N. Y Supp. 148, and cases there cited. The order should be affirmed, with $10 costs and disbursements.  