In re Atlas Iron Construction Co.
The Superior Court of New York City
Motion by certain creditors of the company to vacate an order appointing a receiver.
1Opinion of the CourtFreedman, J.
—The proceeding in which the order appointing a receiver of the property and - assets of the corporation was made was instituted by petition. Upon its face, it is not an action. If anything, it is a special proceeding. As such, it should be justified by some statutory provision. Unless it can be found to fall within some statute, it is a serious question whether the court had jurisdiction, and had power to appoint a receiver. It is not a proceeding for the voluntary dissolution of the corporation, under sections 2419 2431 of the Code. It does not fall *802within sections 1784-1796, for they apply…
2Cases cited6 opinions
- Belmont v. Erie Railway Co.New York Supreme Court · 1869
- Hitch v. . HawleyNew York Court of Appeals · 1892
- In re the Directors of the Binghamton General Electric Co.New York Court of Appeals · 1894
- Bliven v. Peru Steel & Iron Co.New York Supreme Court · 1881
- Latimer v. EddyNew York Supreme Court · 1864
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