Wakeman v. . Price
New York Court of Appeals
This was a creditor’s suit instituted for the purpose of procuring satisfaction of a decree out of the equitable assets and other property of the defendant. In June, 1848, an order was made directing the receiver, appointed in the suit, to sell certain real estate of the debtor for the purpose of paying the debt.
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This was a creditor’s suit instituted for the purpose of procuring satisfaction of a decree out of the equitable assets and other property of the defendant. In June, 1848, an order was made directing the receiver, appointed in the suit, to sell certain real estate of the debtor for the purpose of paying the debt. A sale was accordingly made at public auction in September, 1848, of a large amount of real estate in the city of New-Yorlc, at prices far below its value, and on that and other grounds the defendant petitioned the supreme court, at special term, to have the sale set aside. The…
1Opinion of the CourtPratt, J.
The order made in the supreme court was not appealable. The precise question has been decided in tnis court, in Hazleton v. Wakeman. (a) That was an appeal from an order of the chancellor granting a motion to open the biddings at a master’s sale. The appeal was dismissed on the ground that it would not lie from an order of that character. No written opinion was given in that case, but it is directly within the principle decided in several previous cases in this court. . (1 Comst. 43; 2 id. 86, 269, 563 ; 1 id. 125, 533, 535.)
It is conceded that the court below have the power, under certain…
2Cases cited1 opinion
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by9 opinions
- Mellen v. EdwardsWashington Supreme Court · 1934
- Gazette Printing Co. v. McConnellMontana Supreme Court · 1912
- Peck v. New York & New Jersey Railway Co.New York Court of Appeals · 1881
- Zouppas v. YannikidouAppellate Division of the Supreme Court of the State of New York · 1962
- State ex rel. Kunz v. CampbellSouth Dakota Supreme Court · 1894
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