Viburt v. Frost
The Superior Court of New York City
Demurrer to a complaint. This action was brought by Dayton J. Viburt, appointed in former supplementary proceedings receiver of the effects of Henry K. Frost, against Henry K. Frost himself, and William J. Frost. The object of the action was to procure a certain assignment of property, made by Henry to William, to be set aside as fraudulent.
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Demurrer to a complaint. This action was brought by Dayton J. Viburt, appointed in former supplementary proceedings receiver of the effects of Henry K. Frost, against Henry K. Frost himself, and William J. Frost. The object of the action was to procure a certain assignment of property, made by Henry to William, to be set aside as fraudulent. The defendants demurred to the complaint, stating as the only ground therefor, that the complaint did not state facts sufficient to constitute a cause of action.
1Opinion of the CourtDuer, J.
The only ground of demurrer put forward by the demurrer itself, in this cause, is that the complaint does not state facts sufficient to constitute a cause of action, The principal ground upon which it is sought upon the argument to sustain the demurrer, is that the complaint shows upon its face that the judge who made the order for the appointment of the plaintiff as receiver had no jurisdiction, inasmuch as the original order for the appearance of the defendant Henry K. Frost for examination as a judgment debtor, which order is set forth in the complaint, was made returnable before “ one of…
2Cited by17 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- State ex rel. Kellogg v. GaryWisconsin Supreme Court · 1873
- Carpenter v. CarpenterSupreme Court of New Hampshire · 1917
- Van Tuyl v. New York Real Estate Security Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Walsh v. ByrnesSupreme Court of Minnesota · 1888
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