Metcalf v. Barker
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR'THE SECOND CIRCUIT. The certificate in this case is as follows: “This matter came before this court upon a‘petition of Met-calf Brothers & Co. to superintend and revise in matter of law certain proceedings of the District Court of the United States for the Southern District of New York, wherein an order was made by said District Court enjoining the petitioners, Metcalf Brothers & Co., from taking any further proceedings under…
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR'THE SECOND CIRCUIT. The certificate in this case is as follows: “This matter came before this court upon a‘petition of Met-calf Brothers & Co. to superintend and revise in matter of law certain proceedings of the District Court of the United States for the Southern District of New York, wherein an order was made by said District Court enjoining the petitioners, Metcalf Brothers & Co., from taking any further proceedings under any judgment obtained by them in the Supreme Court of the State of New York in a judgment creditors’ action wherein…
1Opinion of the CourtChief Justice Fullee
Metcalf Brothers & Company, judgment creditors of Lesser Brothers, commenced their creditors’ suit in the Supreme Court of New York, December 17, 1896. The case came to trial December 17, 1897, and decree was rendered April 6, 1898. 22 Misc. Rep. 664. On appeal the appellate division affirmed the judgment of the trial court in part, and reversed it in part, and directed the payment by the receivers to Metcalf Brothers & Company of the amount of their judgments out of the money in the receivers’ hands. 35 App. Div. 596. This decree or judgment was embodied in an order dated December 30, 1898,…
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