Southwick v. Moore
The Superior Court of New York City
Appeals from orders denying defendant’s motions to vacate orders appointing a receiver in proceedings supplementary to execution.
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
The objection taken to the orders appointing Mr. Boese a receiver is, that the Code forbids the appointment of the clerk of a court as receiver, “ except by the written consent of all parties” (§ 90, Code Civ. Pro.) After the orders were made, the receiver claimed, to the knowledge of the judgment debtor, that he, as receiver, ivas the owner of two judgments recovered by the debtor in the supreme court. The receiver made a petition to the supreme court, that the amount of the lien of the debtor’s attorneys upon such judgments be ascertained and fixed. The court…
2Cases cited4 opinions
- Dwight v. . St. JohnNew York Court of Appeals · 1862
- Phyfe v. . EimerNew York Court of Appeals · 1871
- Pierrepont v. . BarnardNew York Court of Appeals · 1852
- Carroll v. Charter Oak InsuranceNew York Court of Appeals · 1868