Legal Opinion

Devoe v. Ithaca & Owego Rail Road

New York Court of Chancery

Decided December 22, 1835PublishedCited by 8 opinions

This was an application by a judgment creditor of a cor» potation, under the thirty-sixth section.of the article of the revised statutes relative to proceedings against corporations in equity, (2 R. S. 463,) for a sequestration of the stock and effects of the corporation, and for an injunction and receiver,

1Opinion of the Court

The Chancellor

decided that a sequestration ought not to be granted, or a receiver appointed ex parte, and without giving the corporation an opportunity to be heard. But upon filing of the petition, duly verified, showing the recovery of a-judgment against the corporation, and that the execution issu-' ed thereon to the proper county had been returned by the sheriff unsatisfied, the court directed an order to show cause, at a future day, why the prayer of the petition should not be granted; and that a copy of the petition and order should be served upon the proper officers of the corporation…

2Cited by8 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Bangs v. McIntoshNew York Supreme Court · 1857
  3. State ex rel. Howell v. WildesNevada Supreme Court · 1911
  4. Golden v. Fifth Judicial District CourtNevada Supreme Court · 1909
  5. Mann v. PentzNew York Court of Chancery · 1845

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