Smith v. Barnum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Curtis' A. Barnum and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Otsego on the 7th day of November, 1900, substituting Chatfield Leonard, as receiver of the property of Curtis A. Barnum, as plaintiff in the action in the place of Frank L. Smith, deceased, except the parts of said order directing the defendants tó enter final judgment.
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Appeal by the defendants, Curtis' A. Barnum and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Otsego on the 7th day of November, 1900, substituting Chatfield Leonard, as receiver of the property of Curtis A. Barnum, as plaintiff in the action in the place of Frank L. Smith, deceased, except the parts of said order directing the defendants tó enter final judgment. Prior to February 13, 1888, Frank L. Smith was appointed in -supplementary proceedings by the county judge of Otsego county a receiver of the…
1Opinion of the Court
Parker, P. J.:
The appellants claim that the application for a receiver to succeed Prank L. Smith, deceased, should have been made to the county judge of Otsego county, and that he alone has authority to appoint such a successor. They contend that the Supreme Court is without jurisdiction to do so. And they urge upon us that it was only after the successor had been properly appointed by such county judge that he could be substituted as plaintiff to continue this action.
It is true that the appointment of a receiver in proceedings supplementary to execution is a statutory proceeding.. And this…
2Cases cited1 opinion
- Nicoll v. . BoydNew York Court of Appeals · 1882
3Cited by1 opinion
- Greenbrier Realty Corp. v. SimonAppellate Division of the Supreme Court of the State of New York · 1934