Van Schaick v. Goodwyn

BROWN, Justice.

This appeal is prosecuted by George S. Van Schaick, as superintendent of insurance of New York, liquidating the Southern Surety Company, who was not a party to the suit when the final decree was rendered confirming the register’s report and decreeing the distribution of the funds brought into custodia legis through the appointment of Goodwyn as receiver.

Subsequent to the rendition of said final decree, the appellant was allowed to file a petition for rehearing under Rule 81 of Chancery Practice, and which appellee moved to strike. The application for rehearing was denied, and…