Harrison v. . Wilkin
New York Court of Appeals
Appeal from judgment of the General Term, of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term, of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was upon an undertaking executed by defendants as sureties given in an action of replevin, brought by the Rochester Water Works Company against James Jones, Henry Jones and Charles Harrison, who were co-partners and of whom the plaintiff herein is survivor. ■ Upon a former trial of the action the complaint was dismissed ; plaintiff appealed to the General Term where judgment was reversed and new trial granted.…
1Opinion of the CourtMiller, J.
The principal question in this case was disposed of upon the former appeal to this court, * leaving only such additional points as arose upon the last trial.
The point made that the execution was irregularly issued and a nullity, has, we think, no foundation. It rests upon the idea that the receiver, being an officer of the court and in the legal possession of the property, his possession was that-of the court, and it was a contempt of the court to issue the execution without leave, and therefore it was void.
Without considering the question whether a receiver who has thrust himself into a…
2Cases cited1 opinion
- Harrison v. . WilkinNew York Court of Appeals · 1877
3Cited by2 opinions
- Case, Bishop & Co. v. D. M. Steele & Co.Supreme Court of Kansas · 1885
- Van Almkerk v. H. C. S. Motor Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1924