Burdell v. Burdell
New York Supreme Court
Application by plaintiff for receiver in an action of ejectment before judgment.
1Opinion of the CourtWestbrook, J.
Examination of the question which this motion involves has satisfied me that the opinion expressed upon the argument, that the relief asked for could not be granted, was correct.
Guernesey agt. Mead (9 Hun, 78) is directly in point. In that case, as in this, it was shown. “ that the defendants were allowing the taxes to accumulate, as well as the interest upon mortgages upon land, and that both of the defendants were insolvent.” The court, however, held section 244 of the Code, upon which the plaintiff relies, must be construed in connection with the Eevised Statutes, which, by section 455 of…
2Cited by2 opinions
- La Bau v. HuetwohlNew York Supreme Court · 1891
- Steppello v. VollNew York Supreme Court · 1939