Hudson v. Plets
New York Court of Chancery
This was an application by the complainant for an attachment against the defendant in a judgment creditor’s bill, for an alleged violation of the usual injunction granted in such cases, and also for refusing to be sworn before the master.
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This was an application by the complainant for an attachment against the defendant in a judgment creditor’s bill, for an alleged violation of the usual injunction granted in such cases, and also for refusing to be sworn before the master. The violation of the injunction, which was complained of, was the bringing an action against a third person, for a trespass upon lands, which belonged to the judgment debtor before the filing of the bill in this cause, and for bringing another suit against the same person for tort in seizing property of the judgment debtor which was exempt from execution.…
1Opinion of the Court
The Chancellor.
The defendant was right in supposing that the master had no power or authority to summon him before him, and to swear him again as to the matters of the reference. The object of the examination of the defendant, upon the usual order to appoint 'a receiver, &c., where the examination is not intended as a substitute for an ."answer to the complainant’s bill, is to enable the master to determine and direct what property is to be delivered over to the receiver. After the notes and other dioses in action in this case, therefore, had been delivered to the receiver, and had been sold…
2Cited by19 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Reilly v. . Sicilian Asphalt Paving Co.New York Court of Appeals · 1902
- Pettibone v. Toledo, Cincinnati, & St. Louis RailroadMassachusetts Supreme Judicial Court · 1889
- Scarlett v. BarnesDistrict Court, W.D. Missouri · 1990
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