Gibson v. Martin
New York Court of Chancery
This was an appeal, by the defendant, from an ex parte order of the vice chancellor of the eighth circuit, referring it to a master to appoint a receiver of the property described in the complainants’ bill in this cause ; and of the rents and profits of the farm also described therein, then or lately occupied by the defendant, and of all the crops growing thereon, or which had been cut therefrom during his occupancy, and then remaining in his possession or under his control…
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This was an appeal, by the defendant, from an ex parte order of the vice chancellor of the eighth circuit, referring it to a master to appoint a receiver of the property described in the complainants’ bill in this cause ; and of the rents and profits of the farm also described therein, then or lately occupied by the defendant, and of all the crops growing thereon, or which had been cut therefrom during his occupancy, and then remaining in his possession or under his control unsold; and directing the defendant to permit the receiver to harvest the crops which were then growing on the land, and…
1Opinion of the Court
The Chancellor.
The hill, upon which the injunction in this case was granted, being excluded from consideration on this appeal, it is difficult to ascertain precisely to what property the receivership relates ; or how far the order affects any interests claimed by the defendant, so as to authorize him to appeal if such an order was the proper-subject of appeal. I think, however, the defendant has mistaken his remedy in supposing that an ex parte order that is merely irregular, and which, therefore, would be set aside or modified as a matter of course upon a proper application to the same…
2Cited by10 opinions
- Brast v. Kanawha Oil Co.West Virginia Supreme Court · 1899
- Coryell v. HolcombeSupreme Court of New Jersey · 1854
- Porter Ads. United StatesU.S. Circuit Court for the District of Southern New York · 1877
- Neeves v. BoosWisconsin Supreme Court · 1893
- Cruger v. DouglassNew York Supreme Court · 1850
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