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21 N.Y. Sup. Ct. 369

Pool v. Safford

New York Supreme Court

Decided June 15, 1878

New York Supreme Court · decided 1878-06-15

Appeal by C. E. Marsh, the receiver appointed in supplementary proceedings herein, from an order made by the county judge of Cattaraugus county, requiring him to account and pay over certain money to S. C. Green, the surety of said receiver, or show cáuse why an attachment should not issue against him as for a contempt. The judgment upon the return of- an execution upon which the proceedings were instituted, was recovered in the Supreme Court.

Decided 1878-06-15

Smith, J.:

¶1The county judge, at chambers, had not jurisdiction to make the order appealed from. Assuming that the order was proper on the merits (a point which, in the view we take of the case, is not before us, and upon which we express no opinion), it could only have been made by the court. It seems to have been supposed, that as the judge appointed the receiver he could control him in respect to his duties. A judge can appoint a receiver, because the statute gives the power (Code, § 298), but with the appointment his authority over the matter ends. The receiver is thereafter subject to the control of the court in which the judgment was obtained, or if the judgment was upon a transcript from a justice’s court, filed in the county clerk’s office, then he is subject to the control and direction of the County Court. (§ 298).

¶2*371The order should be reversed with ten dollars costs and disi bursements. . •

Present — Talcott, P. J., Smith imd Hardin, JJ.

¶3Order reversed, with ten dollars costs and disbursements.

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