Draper v. Day & Orvis
New York Supreme Court
Motion to refer. The action is against a judgment-debtor and his assignee, to set aside an assignment for the benefit of his creditors for fraud; and to have the avails of the assigned property applied in payment of the judgment. On the part of the defendants, it is objected that the court has no power to order a reference in such case, either to hear and determine the cause, or to report the evidence on the facts.
Read the full summary
Motion to refer. The action is against a judgment-debtor and his assignee, to set aside an assignment for the benefit of his creditors for fraud; and to have the avails of the assigned property applied in payment of the judgment. On the part of the defendants, it is objected that the court has no power to order a reference in such case, either to hear and determine the cause, or to report the evidence on the facts. But it is insisted that the cause must be tried by the court, unless, on motion, the court order it to be tried by jury,
1Opinion of the Court
Bocees, Justice.
The distinctions formerly existing between actions at law and suits in equity are abolished; (Code, § 69 :) *440and, as Will be seen by reference to the preamble to the Code, it was intended thereby to establish a uniform course of proceeding in all cases. All statutory provisions, too, inconsistent with the provisions of the Code, are repealed. (Code, § 468.) And the former rules and practice of the courts in civil actions, so far as they are inconsistent therewith, are abrogated. (Code, § 469.)
The supreme court being vested with law and equity powers, and the old distinctions…
2Cited by8 opinions
- Wood v. WoodNew York Supreme Court · 1858
- In re the Probate of the Last Will & Testament of CareyAppellate Division of the Supreme Court of the State of New York · 1897
- Archuleta v. ArchuletaSupreme Court of Colorado · 1912
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869
- In re MartinhoffNew York Surrogate's Court · 1880
3 more not listed; retrieve them via the Exa API.