Ross v. . Wigg
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made August 25, 1885, which affirmed an order of Special Term, denying a motion to vacate an order of arrest and an attachment issued ft herein. Also motion to substitute James Dowdle, receiver, as defendant. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made August 25, 1885, which affirmed an order of Special Term, denying a motion to vacate an order of arrest and an attachment issued ft herein. Also motion to substitute James Dowdle, receiver, as defendant. The material facts are stated in the opinion. The receiver in supplementary proceedings of the defendant’s property cannot be substituted for the defendant as a party to the action; and, therefore, he cannot appeal. (Code, §§ 1296, 682 ; Honegger v. Wettstein, 94 N. Y. 252.) The defendant had a…
1Opinion of the CourtEarl, J.
On the 7th day of March, 1884, an attachment and order of arrest were granted in this action, and they were executed on the day following. On the 19th of March the defendant obtained an order to show cause why the attachment and order of arrest should not be vacated. That motion was denied, and on the 24th of March, Christie and others obtained a judgment against the defendant. On the 28th of March the defendant appealed from the order, refusing to vacate the attachment and order of arrest, to the General Term. On the 29th of April supplementary proceedings were commenced by Christie and…
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- In re WoodworthNew York Supreme Court · 1892
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