In re the Liquidation of Lawyers Title & Guaranty Co.

In the circumstances here disclosed the order of reference should not be vacated. The Superintendent of Insurance has at no time objected to the jurisdiction and on the original motion at Special Term conceded the right of the court to act, reserving merely his right to reject, approve or disapprove of any ultimate action to be taken.

The appellant is a stockholder, not a creditor, of the company in liquidation. It appeared by counsel on the original application and made no objection to the granting of the relief and took no appeal from the order entered. This motion to vacate from the denial…