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167 A.D. 894

Devine v. Melton

Appellate Division of the Supreme Court of the State of New York · decided 1915-02-15

<p>Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 8th day of January, 1915, granting a temporary injunction and appointing a receiver.</p>

Decided 1915-02-15

Per Curiam:

¶1The order appealed from should be modified by striking out so much thereof as provides for the appointment of a receiver and by providing that either party may hereafter apply for such appointment upon presenting proof that there may be danger of the loss of the fund. As so modified, the order is affirmed, without costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ. Order modified as directed in opinion, and as modified affirmed, without costs. Order to be settled on notice.

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