People ex rel. Stryker v. Stryker
New York Supreme Court
THIS was a certiorari^ directed to Henry A. Moore, Esq., late county judge of the county of Kings, to remove proceedings had before him upon a petition presented by Garrit Stryker, an insolvent debtor, and certain of his creditors, under and in pursuance of article 3d, title 1, chapter 5, of part 2d, of the revised statutes.
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THIS was a certiorari^ directed to Henry A. Moore, Esq., late county judge of the county of Kings, to remove proceedings had before him upon a petition presented by Garrit Stryker, an insolvent debtor, and certain of his creditors, under and in pursuance of article 3d, title 1, chapter 5, of part 2d, of the revised statutes. A return having been made to the certiorari, by the county judge, of the proceedings had before him, terminating in the discharge of the insolvent, the same was argued before Justice Emótt, at a special term. One of the objections urged was that the schedule annexed to…
1Opinion of the Court
By the Court, S. B. Strong, P. J.
There is no evidence that the relator is a creditor of the insolvent debtor, or that she has any interest which has been or can be affected by his discharge. For that reason I should feel inclined to quash the certiorari in this case, as having been improvidently issued. Courts ought not to be invoked, except to protect the actual interests of the moving party, or the rights of the public. ¡Neither appears to have been invaded in this instance.
Upon the principal question, involving the merits, I concur in the opinion expressed by Judge Emott, when the case was…
2Cited by5 opinions
- Rusher v. ShermanNew York Supreme Court · 1858
- In re AdamsDistrict Court, S.D. New York · 1868
- Merry v. SweetNew York Supreme Court · 1865
- Schaeffer v. SouleNew York Supreme Court · 1881
- Soule v. ChaseThe Superior Court of New York City · 1863