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2 Barb. Ch. 33

Root v. Safford

New York Court of Chancery

Decided October 6, 1846

New York Court of Chancery · decided 1846-10-06

This was a creditor’s suit. E. L. Fancher, for the complainant, applied for an order of reference, to a master, to appoint a receiver, and for the examination of the defendant on oath, before the master, in the usual manner.

Decided 1846-10-06

The Chancellor

¶1decided that the waiver of an answer from the defendant on oath constituted no objection to the appointment of a receiver, or to the making of an order for the examination of the defendant on oath before the master, on the reference, with respect to the property to be assigned to the receiver, &c.

¶2Order accordingly.

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