Legal Opinion

Davis v. Fogarty

Appellate Division of the Supreme Court of the State of New York

Decided November 12, 1909PublishedCited by 3 opinions

Appeal by the plaintiff, Amie Davis, from an order of the Supreme Court, made at the New York Special Term and entered in. the office of the clerk of the county of blew York on the 14th day of May, 1909.

1Opinion of the Court

Scott, J.:

The plaintiff appeals from an order resettling an order appointing a receiver. The order which was originally entered granted all that plaintiff moved for. As the order was resettled there was excluded from the operation of the receivership one parcel of real estate. The order thus becomes less favorable to plaintiff than she asked, and she desires to appeal therefrom. She finds herself embarrassed, however, by the fact that the order as resettled recites that it was made “upon motion of Johnston & Johnston, attorneys for the plaintiff.” In its present form the order certainly is…

2Cases cited1 opinion

  1. Raymond v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by3 opinions

  1. Oppenheimer v. Carabaya Rubber & Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1911
  2. Edell v. EdellAppellate Division of the Supreme Court of the State of New York · 1940
  3. Norton & Siegel, Inc. v. NolanAppellate Division of the Supreme Court of the State of New York · 1937

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