Legal Opinion

Baker v. Van Epps

New York Supreme Court

Decided October 15, 1880PublishedCited by 1 opinion

This is an appeal from an order made at Monroe special term denying a motion made by defendant John 0. Yan Epps to set aside the summons and dismiss the action as to him on the ground of irregularity, to wit, that the plaintiff’s attorney in this action is and was the attorney of the judgment creditor in the action, and proceedings supplementary to execution therein, by which the plaintiff was appointed receiver of the property, &c., of John 0. Yan Epps {See 58 How., 401).

1Opinion of the Court

By the Court.

The order appealed from affirmed, with ten dollars costs and disbursements. Reid, that in supplementary proceedings the receiver can employ the attorney of the party for whose benefit the proceedings are instituted.

2Cited by1 opinion

  1. McMahon v. SharyAppellate Terms of the Supreme Court of New York · 1909