Legal Opinion

Garden v. Garden

New York Supreme Court

Decided February 15, 1901PublishedCited by 1 opinion

Action brought by a receiver" in sequestration proceedings, appointed in a matrimonial action, to restrain payment to the husband of a legacy, accruing since the order of sequestration and in the hands of the defendant executors; the wife being made a co-plaintiff with the receiver. Issues of law upon demurrer to complaint.

1Opinion of the CourtBischoff, J.

The action is, I think, properly brought by the wife to enjoin the payment of the legacy in question to any person other than the receiver appointed in sequestration proceedings, and to obtain a judgment directing payment to the receiver.

The fact that the plaintiff’s claim is founded not upon a judgment, but upon an order for alimony, is immaterial/ as I view the case.

The wife does not seek a transfer to herself, as a creditor; her *98interest is based upon the order of the court whereby all the personal property of the husband is impounded, and to protect that interest the judgment of a court…

2Cases cited6 opinions

  1. People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
  2. Foster v. . TownshendNew York Court of Appeals · 1877
  3. McKernan v. . RobinsonNew York Court of Appeals · 1881
  4. Dunham v. FitchAppellate Division of the Supreme Court of the State of New York · 1900
  5. White v. GeraerdtNew York Court of Chancery · 1832

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In re the Estate of BerkowitzNew York Surrogate's Court · 1939

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