Clark v. Herbert Booth King & Brother Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles S. Clsp’k, from an order of the Supreme Court, made at the New-York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1899, denying the plaintiff’s motion for an injunction restraining the defendant from transferring or making any disposition of its property during the pendency of the action, and for the appointment of a receiver pendente lite.
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Appeal by the plaintiff, Charles S. Clsp’k, from an order of the Supreme Court, made at the New-York Special Term and entered in the office of the clerk of the county of New York on the 9th day of February, 1899, denying the plaintiff’s motion for an injunction restraining the defendant from transferring or making any disposition of its property during the pendency of the action, and for the appointment of a receiver pendente lite. The action was brought by a judgment creditor of the defendant to discover assets applicable to the payment of his judgment.
1Opinion of the Court
McLaughlin, J.:
Upon affidavits and a verified complaint, the plaintiff moved for a temporary injunction and for the appointment of a receiver pendente lite. The motion was denied and the plaintiff has appealed. The action was brought as a judgment creditor’s action under sections 1871 to 1879, and the injunction was sought under section 1876 of the Code of Civil Procedure. Section 1876 provides that a temporary injunction restraining the transfer to any person, or the payment or delivery to the judgment debtor of any money, thing in action or other property or interest, which may by the…
2Cases cited3 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- Cushing v. RuslanderNew York Supreme Court · 1888
- Chatterton v. KreitlerNew York Supreme Court · 1877
3Cited by6 opinions
- Foster v. Retail Clerks' International Protective Ass'nNew York Supreme Court · 1902
- State Ex Rel. Redle v. District CourtMontana Supreme Court · 1936
- Barricini, Inc. v. Barricini Shoes, Inc.Appellate Division of the Supreme Court of the State of New York · 1956
- Greenwald v. Gotham-Attucks Music Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Veit v. CollinsNew York Supreme Court · 1902
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