Osborn v. Heyer & Burdett
New York Court of Chancery
This was an application for ari attachment against the defondants for not delivering over to the receiver, appointed in this cause certain books and papers pursuant to the .order .of this court.
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This was an application for ari attachment against the defondants for not delivering over to the receiver, appointed in this cause certain books and papers pursuant to the .order .of this court. The defendants.shewed for causé; that they were willing to comply with'the order of the-court, but that they were restrained from parting with the books and papers by an injunction issued on- "another bill filed against them by ■ Henry R. Heyer and others, before thé vice chancellor of the first circuit. The chancellor directed the motion tó stand over, and that notice of the application be given to…
1Opinion of the Court
The Chancellor.
It does not appear by the papers before me on this motion, which of these suits was first commenced ; neither do I consider that question material in this case. Here are two suits commenced by different complainants in this court, one before the chancellor and the other before a vice chancellor, against the same defendants, who are admitted to be insolvent, to reach property in their hands which can only be recovered by the aid of this court. One of these parties has obtained an order for a receiver to collect and preserve the property pending the litigation. The other party…
2Cited by13 opinions
- State v. Jacksonville, Pensacola & Mobile RailroadSupreme Court of Florida · 1875
- Micou v. Moses Bros.Supreme Court of Alabama · 1882
- Banks v. PotterNew York Court of Common Pleas · 1861
- Fernald v. Spokane & British Columbia Telephone & Telegraph Co.Washington Supreme Court · 1903
- Witbeck v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1925
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