Sedgwick v. Cleveland
New York Court of Chancery
This was an application for an attachment against Cleveland, one of the defendants, for not attending before a master and assigning and delivering over his property to the receiver appointed in this suit, according to the order of the court.
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This was an application for an attachment against Cleveland, one of the defendants, for not attending before a master and assigning and delivering over his property to the receiver appointed in this suit, according to the order of the court. The order was made in June, 1838, upon a creditor’s bill; but the summons to attend before the master and make the assignment was not taken out and served upon Cleveland until about the 20th of October, returnable on the'29th of the same month ; on which last day, and upon subsequent adjournments, Cleveland neglected to appear. In answer to the…
1Opinion of the Court
The Chancellor.
If this had been the case of an assignment by the complainant under the insolvent acts, there could have been no possible doubt that the suit had abated ; or rather that it had become so defective that the complainant could not proceed any further in his own name against the defendant, if the latter had thought proper to raise the objection. This court requires the real parties in interest to bring the suit, except in certain cases where the complainant represents the rights of those for whom the suit is brought, both legally and equitably, as in the case of executors, or of…
2Cases cited1 opinion
- Garr v. GomezCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by38 opinions
- Morton & Bliss v. New Orleans & Selma Railway Co.Supreme Court of Alabama · 1885
- Harrington v. SladeNew York Supreme Court · 1856
- Zane v. FinkWest Virginia Supreme Court · 1881
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Debell v. Foxworthy's heirsCourt of Appeals of Kentucky · 1848
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