Hayner v. . James
New York Court of Appeals
APPEAL from a judgment of the Supreme Court given on demurrer. The complaint set forth that prior to March 1, 1849, the defendant, Randall James, was insolvent, and in-. debted to various persons, and among others, to James Simpson, who, in April of that year, recovered a judgment against him, Randall James, in the Supreme Court for $522-66; that after the return of an execution unsatisfied, Simpson commenced proceedings supplementary to the execution before the recorder of…
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APPEAL from a judgment of the Supreme Court given on demurrer. The complaint set forth that prior to March 1, 1849, the defendant, Randall James, was insolvent, and in-. debted to various persons, and among others, to James Simpson, who, in April of that year, recovered a judgment against him, Randall James, in the Supreme Court for $522-66; that after the return of an execution unsatisfied, Simpson commenced proceedings supplementary to the execution before the recorder of Troy, under which the plaintiff was appointed receiver of the property and effects of Randall James; and that James…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The power of the recorder of Troy to appoint the plaintiff receiver of Randall James, a judgment debtor, has been defended on the ground that in entertaining jurisdiction of proceedings supplementary to execution that officer exercised merely the functions which, prior to the constitution of 1846, belonged to a justice of the Supreme Court at chambers, or to a Supreme Court commissioner. On the other side the power in question is denied, in the first place, on…
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