Legal Opinion
In re McAllister
Court of Appeals for the Second Circuit
Decided April 13, 1925No. 316PublishedCited by 4 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Sections 809 and 810, Civil Practice Act, are but copies of Code Civ. Proc. §§ 2468 and 2469, with one immaterial omission; the Code sections stood unchanged from 1892 until their re-enactment in and by the Practice Act. Consequently there is a long train of judicial comments on the statute, of which it is enough to cite Matter of Ward, 186 App. Div. 652, 175 N. Y. S. 66, holding that the title of a receiver in supplementary proceedings extends back to the date of the service of the order for the debtor’s examination. This is the rule generally stated, and…
2Cases cited5 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Wrede v. GilleyAppellate Division of the Supreme Court of the State of New York · 1909
- Ward v. BakerAppellate Division of the Supreme Court of the State of New York · 1919
- In re TylerDistrict Court, W.D. New York · 1900
3Cited by4 opinions
- Marcell v. EngebretsonCourt of Appeals for the Eighth Circuit · 1934
- In re Unity Cleaners & Dyers, Inc.District Court, S.D. New York · 1938
- In re WagenfohrDistrict Court, E.D. New York · 1941
- Prohibitions and Penalties Under Section 582 of the 1990 Foreign Operations, Export Financing, and Related Programs Appropriations Act, Department of Justice Office of Legal Counsel1990