Legal Opinion
Fitzpatrick v. Moses
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 1898PublishedCited by 1 opinion
Appeal by Frank H. Parsons, the receiver of William J. Fitzpatrick, appointed in proceedings supplementary to execution, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of October, 1898, denying his motion to be substituted in the place and stead of William J. Fitzpatrick, as plaintiff in this action.
1Opinion of the Court
Hatch, J.:
"By the provisions of section 2468 of the Code of Civil Procedure, title to the property of a judgment debtor becomes vested *243in a receiver who duly qualifies, immediately upon the filing of the order appointing such receiver. (McCorkle v. Herrman, 117 N. Y. 297.) The exceptions to this provision of the Code are not applicable to the present case. When the .title to the property has vested as prescribed in this section, it relates back to the service of the order for the examination of the judgment debtor by virtue of the following section ■— 2469. The only exception at all pertinent…
2Cases cited3 opinions
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- In re CloverAppellate Division of the Supreme Court of the State of New York · 1896
- Shaped Seamless Stocking Co. v. Snow, Church & Co.Appellate Terms of the Supreme Court of New York · 1897
3Cited by1 opinion
- Drake v. Pierce Butler Radiator Corp.New York Supreme Court · 1952