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1 Sarat. Ch. Sent. 5

Wilson v. Naile

Saratoga Chancery Court

Decided January 25, 1841

Saratoga Chancery Court · decided 1841-01-25

<p> Receiver—Improperly interfering with rights of third persons—Power of court—Two proceedings against Mm for same act not allowed. </p>

Decided 1841-01-25

¶1In this case it was decided that where a receiver, under color of his office, improperly attempts to interfere with the rights of third persons, this court has power to control his proceedings or to compel him to make restitution or may permit the party thus injured by its officer to proceed at law against him for such injury; but that this court will not allow two proceedings to be carried on for the purpose of obtaining satisfaction for the same act. Order of the vice-chancellor modified.

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