Colwell v. Garfield National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made January 7, 1889, which affirmed a judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made January 7, 1889, which affirmed a judgment in favor of plaintiff entered upon an order overruling a demurrer to the complaint. The nature of the action and the material facts are stated in the opinion. The power of the court to appoint a receiver has been defined by the legislature, and there remains no power in the Supreme Court by which an unlimited discretion can be exercised. (Code Civ. Pro. § 713; 13 Abb. Pr. 6; 66 N. Y. 127; People ex rel. v. Bowe, 81 id.…
1Opinion of the CourtAndrews, J.
The demurrer raises the question as to the power of the court of original jurisdiction, before judgment in an action in which a receiver pendente kite has been appointed on the application of the plaintiffs, to make an order continuing the receivership after judgihent shall have been rendered, during the pendency of any appeal which may be taken therefrom to the Supreme Court or to this court.
The complaint shows that an action was commenced by James and George Stewart, claiming to be creditors of the firm of Hepworth & Co, of which one Colwell was a member, against Hepworth, the surviving…
2Cited by10 opinions
- Dulberg v. EbenhartAppellate Division of the Supreme Court of the State of New York · 1979
- Dazian v. MeyerAppellate Division of the Supreme Court of the State of New York · 1901
- Jarmulowsky v. RosenbloomAppellate Division of the Supreme Court of the State of New York · 1908
- Cessna v. Otho Development & Power Co.South Dakota Supreme Court · 1915
- Larsen v. United States Mortgage & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
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