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2 How. Pr. 161

Staats v. Wemple

New York Supreme Court

Decided May 15, 1885

New York Supreme Court · decided 1885-05-15

This was a motion to compel the defendant, judgment debtor, to deliver certain personal property to a receiver appointed in supplementary proceedings, based upon the judgment rendered in the action against the defendant, who resided in Kings county. The action was brought in the supreme court for and the judgment-roll filed and judgment docketed in Albany county. A transcript was filed and judgment thereon docketed in Kings county.

Decided 1885-05-15

Cullen, J.

¶1I think that under sections 2467 and 2468 of the Code of Civil Procedure, the order appointing the receiver must be filed in Albany county and a certified copy filed in Kings county, before the receiver obtains title.

¶2Motion to compel defendant to deliver the personal property to the receiver denied, with ten dollars costs.

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