Buchanan v. Morrell, O'Hara, Smith & Campbell
The Superior Court of New York City
The complaint having been dismissed, on a trial of this action by the court, the defendant O’Hara, and the defendants Campbell and Smith, composing the firm of John Campbell & Co., who appeared by different attorneys, and answered separately, move, severally, for an allowance, under §§ 308 and 309 of the Code.
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The complaint having been dismissed, on a trial of this action by the court, the defendant O’Hara, and the defendants Campbell and Smith, composing the firm of John Campbell & Co., who appeared by different attorneys, and answered separately, move, severally, for an allowance, under §§ 308 and 309 of the Code. The action was brought by the plaintiffs, as judgment and execution creditors of Morrell, to obtain a judgment declaring the. sales and transfers of portions of his property to O’Hara void, as having been made with intent to defraud the creditors of Morrell; that a receiver of such…
1Opinion of the Court
Bosworth, Justice.
The plaintiff opposes the motion on the ground, among others, that the court has no power to grant an allowance.
'The prosecution of this action has not been unreasonably or unfairly conducted. The action is not one for the recovery of real or personal property, or for the partition of real property, or for the foreclosure of a mortgage: nor is it one in which a warrant of attachment has been issued, or for the construction of a will, or other instrument in writing: nor is it a proceeding to compel the determination of claims to real property. The only other action in which…
2Cited by2 opinions
- Carr v. StackhouseNew York Supreme Court · 1922
- Guilhon v. LindoThe Superior Court of New York City · 1862