Hubbell & Curran v. Dana

Bacon, Justice.

The history of this case, and an extended narrative of the merits of the controversy, are very unnecessarily spread out in the affidavits on which this motion is resisted. There is but a single question involved, to wit, whether the plaintiffs had a right to commence the suit without first asking leave of the court, the defendant being a receiver and prosecuted as such. It was undoubtedly a rule of the old court of chancery of this state, that its officers (including receivers) should not be harassed by suits brought against them at law, involving title to any property held by…