Legal Opinion

Renaud v. O'Brien

New York Supreme Court

Decided June 15, 1861Published

1Opinion of the Court

A creditor's action cannot be maintained where it is brought within sixty days allowed by law for the return of execution issued upon the judgment. (This is a decision of the seventh district in accordance with that of the fifth9 and adverse to those of the first and eighth districts.)

June, 1861.

This action was brought by the plaintiffs, judgment creditors of the defendant O’Brien, to set aside as fraudulent an assignment of his property, made by him to the defendants Duffy and Madden, and to reach the property held by them as trustees. The case came on for trial upon the pleadings and proofs…

2Cases cited9 opinions

  1. Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
  2. Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
  3. McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
  4. Le Roy v. PlattNew York Court of Chancery · 1833
  5. President of the Bank of Tennessee v. HornSupreme Court of the United States · 1855

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