Patton v. Compania Aerea Viajes Expresos de Venezuela, S. A.

The defendant, a corporation organized under the laws of Venezuela, moves to vacate an ex parte order made pursuant to section 977-b of the Civil Practice Act, which provides, in substance, that upon an affidavit reciting the necessary facts the plaintiff may apply, without notice, for the appointment of a temporary receiver and that the court “ must thereupon appoint such receiver ”. The plaintiff here followed the procedure so prescribed. Though the defendant on this motion impugns the plaintiff’s motives in applying for the appointment of the receiver, the court is not persuaded that it…