Moore v. Empie
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Eleanor Moore, and by Borden D. Smith, as receiver of the property of Pearl Empie, from an order of the county judge of Eulton county, entered in the office of the clerk of the county of Fulton on the 23d ,day of February, 189 7,. vacating an. 'order entered in said clerk’s office on the 30th day of March, 1896,. appointing Borden D. Smith receiver of the property of Pearl Empie, a judgment debtor. . The plaintiff in this action, Eleanor Moore,…
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• Appeal by the plaintiff, Eleanor Moore, and by Borden D. Smith, as receiver of the property of Pearl Empie, from an order of the county judge of Eulton county, entered in the office of the clerk of the county of Fulton on the 23d ,day of February, 189 7,. vacating an. 'order entered in said clerk’s office on the 30th day of March, 1896,. appointing Borden D. Smith receiver of the property of Pearl Empie, a judgment debtor. . The plaintiff in this action, Eleanor Moore, heretofore recovered a judgment against Pearl Empie, and upon the return of the execution unsatisfied an order in…
1Opinion of the Court
Herrick, J.:
The order1 appealed from should be reversed as having been impro vidently made. Conceding that the. defendant was entitled to receive two days’ notice in writing of the application, for the appointment, of a receiver, that was a requisite that he could, waive;
The proceedings were proceedings in the Supreme Court, where attorneys are recognized,, and' where their acts in the course of the proceedings in which they are ¡employed are binding upon ■ their clients. The defendant was represented- by - an attorney,, and that, attorney voluntarily agreed to appear before, the county judge…
2Cited by2 opinions
- Catholic University of America v. ConradCity of New York Municipal Court · 1899
- Fried v. CanoDistrict Court, S.D. New York · 1959