Myres' Case

Proceedings supplementary to the execution have been taken in the case, and the examination having been completed, the plaintiffs now move for the appointment of a receiver. It is objected that it does not sufficiently appear that the defendant is entitled to any property which the receiver would be authorized to take.

It is well settled that the proceedings under this chapter are a substitute for a creditors’ bill, as recognized and well known under a former system of chancery practice, and are in their nature equitable proceedings. (Sale v. Lawson, 4 Sandf. R., 718).

The rules established…