Legal Opinion

In re the Assignment of Davis

New York Court of Common Pleas

Decided October 17, 1879Published

Application to compel an accounting by an assignee under a general assignment for the benefit of creditors. The facts are stated in the opinions.

1Opinion of the CourtBeach, J.

Under the Act (L. 1877, c. 466, § 11), the citation must require all parties to “ appear in court.” That process, in the case at bar, requires them to appear before “ one of the judges of this coxirt at chambers.” This would not be an appearance “in court” or before the court. The citation is therefore irregular and confers no jurisdiction. For that reason it cannot be amended, or an order to that end would be granted. The preliminary objection is well taken, and this proceeding must be dismissed without costs.

Order accordingly.

*32Upon a second citation having been issued upon the same petition,…

2Cases cited1 opinion

  1. M'Coy v. HydeCourt for the Trial of Impeachments and Correction of Errors · 1827

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