Rigney v. Tallmadge
19 Abb. Pr. 16
N.Y. Sup. Ct.
1865
Check Treatment

Lead Opinion

Clerke, J.

The issuing of the execution was inconsistent with the whole tenor of the judgment. The receiver acquired title to all the property convéyed to Tallmadge; he alone can enforce the judgment.

The order should be affirmed, with costs.





Concurrence Opinion

Ingraham, P. J.

I concur, on the ground that execution should not have been issued by the plaintiff for his use, and that the receiver should have applied to the court for leave to issue execution.