Grace v. Curtiss
City of New York Municipal Court
An order appointing a receiver in supplementary proceedings made without notice to the judgment debtor, will be set aside where it does not appear that the defendant could not be found within the state.
1Opinion of the CourtEewburger, J.
On the 13th day of February, 1893, an order was made herein for the appointment of a receiver of defendant’s property.
It appears that judgment was entered against the defend*559ant, and thereafter an order for the examination of a third person was issued herein.
That the examination under said order disclosed that the defendant was the beneficiary of a trust created for her and her children by her husband, from whom she was separated. Upon such testimony the order for the receiver was made without notice to the defendant. On the 15th day of February, 1893, an order was made ex parte requiring the…
2Cases cited1 opinion
- Morgan v. Von KohnstammNew York Court of Common Pleas · 1880
3Cited by2 opinions
- Gomprecht v. ScottAppellate Terms of the Supreme Court of New York · 1899
- Henry v. FurbishCity of New York Municipal Court · 1899