Logan v. McCall Publishing Co.
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made Movember 17, 1893, which affirmed an order of Special Term denying a motion to extend the receivership under an appointment in supplementary proceedings in a former action to the judgment in this action. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Court of Common Pleas for the city and county of Mew York, entered upon an order made Movember 17, 1893, which affirmed an order of Special Term denying a motion to extend the receivership under an appointment in supplementary proceedings in a former action to the judgment in this action. The facts, so far as material, are stated in the opinion. The Code, by its express terms, permits the maintaining of proceedings supplementary to execution in a ease like this. (Code Civ. Pro. §§ 1812, 2463.) Unless a receiver can be appointed in supplementary…
1Opinion of the Court
Andrews, Ch. J.
The order of the Special Term, which was affirmed by the General Term, denied the motion to extend the receivership under an appointment in a prior action, to the judgment of the plaintiff in this action, on the ground that the provisions of the Code do not authorize supplementary proceedings against a foreign corporation in any case. It was held under the former Code that the provisions of that Code relating to supplementary proceedings applied to natural persons only. (Hinds v. C. & N. F. R. R. Co., 10 How. 487; Sherwood v. Buffalo, etc., R. R. Co., 12 id. 136.) These were…
2Cited by12 opinions
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- Boucker Contracting Co. v. W. H. Callahan Contracting Co.New York Court of Appeals · 1916
- Bouker Contracting Co. v. W. H. Callahan Contracting Co.Appellate Terms of the Supreme Court of New York · 1915
- Meyer v. Consolidated Ice Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Rabbe v. Astor Trust Co.Appellate Terms of the Supreme Court of New York · 1909
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