New York Supreme Court, 1865

Rigney v. Tallmadge

Rigney v. Tallmadge
New York Supreme Court · Decided February 15, 1865 · Clerke, Ingraham
19 Abb. Pr. 16

Counsel

Wm. C. Hornfager, for the appellant., Elbridge T. Gerry, for the respondent.

Rigney v. Tallmadge

Opinion of the Court

Clerke, J.

The issuing of the execution was inconsistent with the whole tenor of the judgment. The receiver acquired title to all the property convéyed to Tallmadge; he alone can enforce the judgment.

The order should be affirmed, with costs.

Concurring Opinion

Ingraham, P. J.

I concur, on the ground that execution should not have been issued by the plaintiff for his use, and that the receiver should have applied to the court for leave to issue execution.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.