Parker v. Browning
New York Court of Chancery
This was an appeal by W. H. Willard, the receiver appointed in this cause, from an order the of vice chancellor of the first circuit, upon the petition of Lester, Holmes & Co. authorizing them to bring an action against the receiver, and other persons acting under .him, for an alleged trespass, in forcibly entering a store which the petitioners claimed to belong to them, and to be in their possession, and taking the goods therein, and retaining the same until they paid into…
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This was an appeal by W. H. Willard, the receiver appointed in this cause, from an order the of vice chancellor of the first circuit, upon the petition of Lester, Holmes & Co. authorizing them to bring an action against the receiver, and other persons acting under .him, for an alleged trespass, in forcibly entering a store which the petitioners claimed to belong to them, and to be in their possession, and taking the goods therein, and retaining the same until they paid into court in this cause the sum of $1000, to abide the further order of this court.
1Opinion of the Court
The Chancellor.
There is certainly room for doubt in this case, whether the defendant Browning had not some interest in the store of goods. And if the receiver had taken possession thereof under the express directions of the court, or if the master had decided that the goods were in the possession and under the power and control of the defendant, and had directed him to deliver the possession thereof to the receiver, this court ought to have assumed the exclusive jurisdiction over the subject of complainant, instead of suffering its officer to be harrassed in a suit at law for obeying its…
2Cited by54 opinions
- Davis v. GraySupreme Court of the United States · 1873
- People v. . O'BrienNew York Court of Appeals · 1888
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Ex Parte TinsleyCourt of Criminal Appeals of Texas · 1897
- Tapscott v. LyonCalifornia Supreme Court · 1894
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