People v. Family Fund Society
Appellate Division of the Supreme Court of the State of New York
Appeal by Eugene II. Sborb and others from an order of tbe Supreme Court, made at the Hew York Special Term and entered in tbe office of tbe clerk of tbe county of Hew York on tbe 1st day of June, 1897, denying tlieir motion to vacate an order made at tbe Hew York Special Term and entered hi said clerk’s office on tbe 29tb day of May, 1894, directing the payment by tbe receiver of §17,000 to tbe parties therein referred to, and also from an order made at tbe Hew York Special…
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Appeal by Eugene II. Sborb and others from an order of tbe Supreme Court, made at the Hew York Special Term and entered in tbe office of tbe clerk of tbe county of Hew York on tbe 1st day of June, 1897, denying tlieir motion to vacate an order made at tbe Hew York Special Term and entered hi said clerk’s office on tbe 29tb day of May, 1894, directing the payment by tbe receiver of §17,000 to tbe parties therein referred to, and also from an order made at tbe Hew York Special Term and entered in said clerk’s office on tbe 21st day of June, 1897, denying their motion to resettle the order…
1Opinion of the Court
Barrett, J.:
It seems to us quite clear that the original motion should have been granted. We agree that it is desirable that the determination of all questions in cases like the present should be postponed until the final accounting. The receiver should, in the first instance, be required to give an adequate bond, and the court should not be troubled by a host of intermediate applications challenging his acts. Hence it would doubtless have been proper for the court at Special Term, when first applied to, to have merely vacated the order of May 29, 1894, on the ground that it was granted ex…
2Cases cited8 opinions
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- People Ex Rel. Morris v. . RandallNew York Court of Appeals · 1878
- People ex rel. Attorney General v. Security Life InsuranceNew York Court of Appeals · 1879
- Schrauth v. . the Dry Dock Savings BankNew York Court of Appeals · 1881
- Willis v. . SharpNew York Court of Appeals · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Riches v. Hadlock, Bank Com'r.Utah Supreme Court · 1932
- United States v. JohnsonCourt of Appeals for the Eighth Circuit · 1938
- Mills v. RossAppellate Division of the Supreme Court of the State of New York · 1899
- People v. United States Mutual Accident Ass'nAppellate Division of the Supreme Court of the State of New York · 1903
- Balsam v. Kue Products Corp.City of New York Municipal Court · 1945
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