In re Mallery
New York Supreme Court
Appeal from special term, Cattaraugus county. This appeal is from an order overruling preliminary objections, and directing a reference to take proofs on issues of fact raised by the petitioner and opposing affidavits. Code Civil Proc. § 1788, authorizes the court, in an action to dissolve a corporation, to appoint a temporary receiver.
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Appeal from special term, Cattaraugus county. This appeal is from an order overruling preliminary objections, and directing a reference to take proofs on issues of fact raised by the petitioner and opposing affidavits. Code Civil Proc. § 1788, authorizes the court, in an action to dissolve a corporation, to appoint a temporary receiver. Section 1789 authorizes the court, by an interlocutory order or judgment, to continue a temporary receiver as a permanent receiver. 1 Rev. St. p. 389, § 1, provides that “every person shall be assessed in the town or ward where he resides when the assessment…
1Opinion of the CourtDwight, J.
The petitioner is the collector of taxes of Olean. The appellant is the ieceiver of the Lackawanna & Pittsburg Railroad Company, appointed such in an action by the people to dissolve the corporation. The petition is for an order to compel the receiver to pay certain taxes assessed to the railroad company. There are several preliminary objections to the application; two of which, we think, were w'ell taken, and should have been sustained. They were—First, that the application was not made in the action in which the receiver was appointed; second, that the tax was not legally assessed, it…
2Cases cited3 opinions
- Trowbridge v. . HoranNew York Court of Appeals · 1879
- Riggs v. WhitneyNew York Court of Common Pleas · 1860
- Rinn v. . Astor Fire Insurance Co.New York Court of Appeals · 1874
3Cited by3 opinions
- Federal Land Bank v. County of YumaArizona Supreme Court · 1933
- In re Schuyler Steam Tow-Boat Co.New York Supreme Court · 1892
- Merritt v. SparlingNew York Supreme Court · 1895