Childs v. Fox
The Superior Court of New York City
Appeal from an order granting an injunction. This action was brought by Casper 0. Childs, a receiver of the property of William C. Lyons, appointed in supplementary proceedings, against George and Benjamin Fox, W. 0. Lyons, and W. H. Lyons, to set aside an alleged contract between George and- Benjamin Fox, and William H. Lyons, and a mortgage made by William IT.
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Appeal from an order granting an injunction. This action was brought by Casper 0. Childs, a receiver of the property of William C. Lyons, appointed in supplementary proceedings, against George and Benjamin Fox, W. 0. Lyons, and W. H. Lyons, to set aside an alleged contract between George and- Benjamin Fox, and William H. Lyons, and a mortgage made by William IT. Lyons to George and Benjamin Fox, and for an injunction restraining William C. Lyons and William H. Lyons from disposing" of certain property, and George and Benjamin Fox from foreclosing the said mortgage. The plaintiff having…
1Opinion of the Court
By the Court. —Garvin, J.
The defendants, on the hearing in this action, read several affidavits denying the facts set forth in the plaintiff’s complaint and the affidavits on the part of the plaintiff, whereupon the plaintiff, upon application to the court, was allowed to read affidavits explaining the affidavits on the part of the defendants, and in support of his complaint. This was an exercise of discretion on the part of the Justice at Chambers, over which we have no control, and cannot review. Had time been asked by the defendants to answer the new and additional affidavits, it would,…
2Cited by1 opinion
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