Legal Opinion

Steward v. Green

New York Court of Chancery

Decided April 1, 1845PublishedCited by 5 opinions

This was an appeal from a decretal order of reference, to appoint a receiver of the property and effects of the judgment debtors, upon a creditor’s bill, and to examine the appellants on oath.

1Opinion of the Court

The Chancellor.

The objection of the respondent, that the appellants have not filed a certificate of probable cause, as Required by the 116th. rule, is not available here for any purpose, as an objection to the regularity of the appeal. The only consequence of not filing the certificate is that the appeal does not stay the proceedings, on the order of reference to compel the assignment of the property of the appellants, and to appoint a receiver, &c.

The bill was sufficiently verified. The complainants’ solicitor swears that the bill is true, to the knowledge of the. deponent, except as to the…

2Cases cited1 opinion

  1. Mechanics' Bank v. HazardNew York Supreme Court · 1812

3Cited by5 opinions

  1. Dimock v. Revere Copper Co.Supreme Court of the United States · 1886
  2. Lone Star Security & Video, Inc. v. Gurrola (In Re Gurrola)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. Haggerty v. AmoryMassachusetts Supreme Judicial Court · 1863
  4. In re GallisonDistrict Court, D. Massachusetts · 1871
  5. Rudge v. RundleNew York Supreme Court · 1873

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