Noe v. Gibson
New York Court of Chancery
This was an appeal by C. Deuroche, the receiver appointed in this cause, from a decision of the vice chancellor of the first circuit denying an application for an attachment against the defendant and two other persons for a contempt.
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This was an appeal by C. Deuroche, the receiver appointed in this cause, from a decision of the vice chancellor of the first circuit denying an application for an attachment against the defendant and two other persons for a contempt. The relator was appointed receiver of the property and effects of the defendant Gibson, who duly assigned the same to him under an order of the court, on the thirty-first of December, 1833. And the alleged contempt was for forcibly dispossessing the receiver of a vessel, a part of the assigned property, without authority or permission of the court, under the…
1Opinion of the Court
The Chancellor.
The vice chancellor has clearly mistaken the law and practice of this court if he supposed the respondents were justified in taking this vessel out of the custody of the receiver, upon a distress warrant for rent, *515without the permission of the court first obtained for that purpose. It is evident from the affidavits that before there was any attempt to levy upon the vessel, for the alleged arrears of rent, the property was legally as well as actually in the custody of the court, through its officer. Any attempt therefore to take the property out of the custody of the receiver,…
2Cited by57 opinions
- Davis v. GraySupreme Court of the United States · 1873
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Walling v. . MillerNew York Court of Appeals · 1888
- Matter of Application of OtisNew York Court of Appeals · 1886
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
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