In re Clark

2 Abb. N. Cas. 208
New York Supreme Court·Decided December 15, 1876·Published·Cited by 2 cases

Opinion

Davis, P. J.

While the surrogate’s order remains in force it is a sufficient basis for issuing execution, and must be regarded as an adjudication that the assets are abundant to justify the making of the order. The execution is rendered unavailing by the appointment and possession of the receiver. The court can only carry the order of the surrogate into effect by allowing-the order now asked for. Motion granted.

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In re Clark, 2 Abb. N. Cas. 208 (N.Y. Super. Ct. 1876).

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Related

Wadley v. Davis
37 N.Y. Sup. Ct. 570 (New York Supreme Court, 1883)
Hauselt v. Gano
1 Dem. Sur. 36 (New York Surrogate's Court, 1882)