Schell v. Erie Railroad
New York Supreme Court
Appeal from an. order. This action was brought to settle a complicated controversy relative to the affairs of the Erie Railroad Company, the merits of which are not important-.to the- question of practice determined upon this appeal.
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Appeal from an. order. This action was brought to settle a complicated controversy relative to the affairs of the Erie Railroad Company, the merits of which are not important-.to the- question of practice determined upon this appeal. On March 14, ISIS, the action having then been pending for some time, an order was mad°, returnable forthwith, that the de endants show cause why a supplemental complaint should not he filed, and why a receiver should not be appointed of the proceeds of fifty thousand shares of, stock, &c. These papers were served on Mr. Skid--more, one of the defendants, and a…
1Opinion of the Court
Ingraham, J. (dissenting).
The view I entertain of the proceedings in this case renders an examination of the merits unnecessary on this appeal.
The first order of March 14 does not appear to be relied on, for sustaining the appointment of the receiver. It was made in court on an order issued there and served on a director in court, who was at that time in the custody of the sheriff, and who could not therefore have the opportunity to confer with the officers of the company, or prepare the necessary papers, or adopt any measures to show cause against the application. Such a service cannot be…
2Cases cited4 opinions
- Grant v. QuickThe Superior Court of New York City · 1852
- Moat v. HolbeinNew York Court of Chancery · 1834
- Peck v. YorksNew York Supreme Court · 1867
- New-York & New-Haven Railroad v. SchuylerNew York Supreme Court · 1859
3Cited by8 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Platt v. . WoodruffNew York Court of Appeals · 1875
- Robertson v. Montgomery Baseball Ass'nSupreme Court of Alabama · 1904
- Erie Railway Co. v. RamseyNew York Supreme Court · 1870
- Savage v. AllenNew York Supreme Court · 1871
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