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New York Supreme Court, 1876

In re Clark

In re Clark
New York Supreme Court · Decided December 15, 1876 · Davis
2 Abb. N. Cas. 208

Counsel

George V. N. Baldwin, for plaintiff,—Moved that the receiver have leave to pay the sheriff the amount due on the execution out of moneys in his hands, or relinquish to the sheriff, and that the sheriff levy upon and sell property enough to satisfy it., J. P. Lowery, opposed.

In re Clark

Opinion of the Court

Davis, P. J.

While the surrogate’s order remains in force it is a sufficient basis for issuing execution, and must be regarded as an adjudication that the assets are abundant to justify the making of the order. The execution is rendered unavailing by the appointment and possession of the receiver. The court can only carry the order of the surrogate into effect by allowing-the order now asked for. Motion granted.

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