Clark v. Dakin
New York Court of Chancery
This was ail application, by the complainant, for the appointment of a receiver upon a creditor’s bill, as against the defendants Dakin and W. W. Mumford, the judgment debtors.
1Opinion of the Court
The Chancellor.
Several technical objections were taken to this application, by the defendant W. W. Mumford, which it may be proper briefly to notice. The first is, that the executive. which was issued 'to the county of Monroe, was returned *37to the clerk’s office in Utica, instead of the clerk’s office at Geneva. I am inclined to think this is a mere matter of form, which even the supreme court would not notice, upon an application to set aside the return for irregularity. But if it is irregular, the application must be made there, to set aside the return. For the remedy at law is exhausted, by…
2Cases cited2 opinions
- Corey v. CorneliusNew York Court of Chancery · 1846
- Youngs v. MorrisonNew York Court of Chancery · 1843