¶1The rule is now settled that an application for the appointment of a receiver must be made to the judge who granted the order of reference,and who appointed *480the referee to examine as to the property of the judgment debtor. No other judge out of court has the power. Such was (Code 398) the practice as held in the case of Smith and another agt. Johnson, (7 How. R., 39). Again, the Code requires that the order should be a chamber order, and that the same must be filed with the clerk-of the city and county of New York ; and it is only from the time the receiver receives a copy of the order, certified by the county clerk that he has any power to act at all. The judge in an order appointing a receiver has no authority to direct an assignment.of personal property; and in respect to debts owing to the judgment debtor, can only forbid any transfer or other disposition of them until an opportunity be given the receiver to sue. (People agt. Hurlbert, 5 How. Pr. R., 446; 9 N.Y. Leg. Observer, 245.) Motion granted.
37 How. Pr. 479
Ball v. Goodenough
The Superior Court of New York City
Decided August 15, 1869
The Superior Court of New York City · decided 1869-08-15
The plaintiff in this case instituted supplementary proceedings against the defendants to collect a judgment recovered by them against the defendants, and for that purpose procured an order from his Honor Judge Monell, requiring the defendants to appear and be examined concerning their property, it appears that afterwards the' plaintiffs procured an order from his Honor Judge Freedman, appointing a I’eceiver of the property of the judgment debtor.
Decided 1869-08-15