Rigney v. Tallmadge, 19 Abb. Pr. 16

Rigney v. Tallmadge

19 Abb. Pr. 16 | N.Y. Sup. Ct. | 1865

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.