Corning v. Stebbins
New York Court of Chancery
This was an application on the part of the defendant to set aside an order for the appointment of a receiver, upon a creditor’s bill, and to dissolve the injunction and take the amended bill of Complaint off the files of the court, for irregularity.
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This was an application on the part of the defendant to set aside an order for the appointment of a receiver, upon a creditor’s bill, and to dissolve the injunction and take the amended bill of Complaint off the files of the court, for irregularity. The original bill was in the usual form of creditor’s bills, and was founded upon two judgments in the supreme court, against the defendant and in favor of the complainants, which were recovered in 1839. Executions thereon were issued, in that year, to the sheriff of the county where the judgment debtor then resided; and were subsequently returned…
1Opinion of the Court
The Chancellor.
The order for the appointment of a. receiver appears to have been regularly obtained, upon a personal .service of notice of the application. And the amendment of the bill appears to have been perfectly regular. The original bill was true at the time it was sworn to, and it still remained true after every thing originally contained therein relative to the first judgment, and the proceedings thereon, had been stricken out by the amendment. The amendment therefore was one which could be made of course, to a creditor’s bill, under the provisions of the 190th rule of the court. And…
2Cited by3 opinions
- Sheldon v. Keokuk Northern Line Packet Co.U.S. Circuit Court for the District of Western Wisconsin · 1881
- Miller v. RossmanNew York Supreme Court · 1857
- Walker v. DonovanNew York Court of Common Pleas · 1877