Thompson v. Sherrard
New York Supreme Court
Appeal from an order appointing a receiver. This was an action to recover possession of lands, and damages for withholding them. The premises claimed consisted of a lot of land, with a tenement house thereon, in the city of Hew York.
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Appeal from an order appointing a receiver. This was an action to recover possession of lands, and damages for withholding them. The premises claimed consisted of a lot of land, with a tenement house thereon, in the city of Hew York. The defendant Sherrard occupied a portion of the premises as a residence, and rented the remainder, in small portions, to the other defendants, at small monthly rents, Immediately after the service of the summons and complaint, and before answer, the plaintiffs moved at special term for the appointment of a receiver of the rents and profits of the property…
1Opinion of the Court
By the Court*—Sutherland, J.—Before
the Code this would have been called an action of ejectment. It is an action to recover the possession of certain real estate in the city ot Hew York, and damages for the wrongful withholding thereof.
On the complaint and affidavits before answer, and on the motion of the plaintiffs, an order was made at special term ap*431pointing a receiver of the rents and profits of the property described in the complaint.
The case comes before us by appeal from this order.
The question is, whether the order appointing a receiver was regular and proper.
I think it was not, and…
2Cases cited2 opinions
- People v. Mayor of New YorkNew York Supreme Court · 1858
- Lang v. RopkeThe Superior Court of New York City · 1853
3Cited by7 opinions
- Ireland v. NicholsThe Superior Court of New York City · 1869
- La Bau v. HuetwohlNew York Supreme Court · 1891
- Ireland v. NicholsThe Superior Court of New York City · 1869
- Guernsey v. PowersNew York Supreme Court · 1876
- McCool v. McNamaraNew York Supreme Court · 1887
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