Fitzburgh v. Everingham
New York Court of Chancery
This case came before the chancellor upon an appeal, by the defendant, from an order of the vice chancellor of the first circuit, for the appointment of a receiver upon a creditor’s bill. Upon the hearing of the motion before the vice chancellor, the defendant made an affidavit that he had not $100 in property over and above prior just claims thereon.
Read the full summary
This case came before the chancellor upon an appeal, by the defendant, from an order of the vice chancellor of the first circuit, for the appointment of a receiver upon a creditor’s bill. Upon the hearing of the motion before the vice chancellor, the defendant made an affidavit that he had not $100 in property over and above prior just claims thereon. The order for the appointment of the receiver was in the usual form, requiring the defendant to assign and deliver over his property on oath before the master.
1Opinion of the Court
The Chancellor.
The bill in this case is sworn to by the complainant and shows a matter in controversy between the parties exceeding one hundred dollars, which is sufficient to give the court jurisdiction to appoint a receiver of such property as the defendant has, although he swears it does not amount to that sum. And if the complainant should not succeed in recovering the whole amount of his claim, he may have a decree for a part; although he may have to pay costs to the defendant, if he fails to show that the whole amount of property to which he is entitled exceeds $100. (Smetz v. Williams,…
2Cited by8 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Turnbull v. Prentiss Lumber Co.Michigan Supreme Court · 1884
- Clay v. Eagle Reciprocal ExchangeSupreme Court of Missouri · 1963
- Barton v. BartonAppellate Division of the Supreme Court of the State of New York · 1939
- Myres' CaseNew York Supreme Court · 1856
3 more not listed; retrieve them via the Exa API.