Fitzpatrick v. Moses
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by William J. Fitzpatrick against Charles H. Moses and •others. From an order denying a substitution as plaintiff of Frank H. Parsons, receiver of plaintiff, duly appointed in supplementary proceedings to aid execution, the receiver appeals.
1Opinion of the CourtHatch, J.
By the provisions of section 2468 of the Code of Civil Procedure, title to the property of a judgment debtor becomes vested in a receiver, who duly qualifies, immediately upon the filing of the order appointing such receiver. McCorkle v. Herrman, 117 N. Y. 297, 22 N. E. 948. The exceptions to this provision of the Code are not applicable to the present case. When the title to the property *427■has vested as prescribed in this section, it relates back to the service ■of the order for the examination of the judgment debtor, by virtue of the following section (2469). The only exception at all…
2Cases cited3 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- In re CloverAppellate Division of the Supreme Court of the State of New York · 1896
- Shaped Seamless Stocking Co. v. Snow, Church & Co.Appellate Terms of the Supreme Court of New York · 1897