In re Shepherd

U.S. Circuit Court for the District of Southern New York

In re Shepherd

154 F. 957, 1907 U.S. App. LEXIS 5218

CourtU.S. Circuit Court for the District of Southern New York

DecidedMay 21, 1907

StatusPublished

This text of 154 F. 957 (In re Shepherd) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Shepherd, 154 F. 957, 1907 U.S. App. LEXIS 5218 (circtsdny 1907).

Pincite

Opinion

LACOMBL, Circuit Judge.

The court is informed that the amount of the judgment, with interest, is about to be paid, and the only question left is as to the costs of these proceedings. Apparently the judgment debtor has not been the cause of the delay and extended proceedings before the master, and he should not be called upon to pay the expenses of a controversy maintained by his own debtors to protect their individual interests Costs against him are taxed at $30, with necessary disbursements in serving papers upon him. All other costs and disbursements should be collected from the two alleged debtors o.f the judgment debtor. To the extent of one-half of the residue of the costs, the court will, if defendants so desire, appoint a receiver of the judgment debtor’s claims against each alleged debtor; further proceedings to be at defendants’ risk and cost.

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LACOMBL, Circuit Judge.

The court is informed that the amount of the judgment, with interest, is about to be paid, and the only question left is as to the costs of these proceedings. Apparently the judgment debtor has not been the cause of the delay and extended proceedings before the master, and he should not be called upon to pay the expenses of a controversy maintained by his own debtors to protect their individual interests Costs against him are taxed at $30, with necessary disbursements in serving papers upon him. All other costs and disbursements should be collected from the two alleged debtors o.f the judgment debtor. To the extent of one-half of the residue of the costs, the court will, if defendants so desire, appoint a receiver of the judgment debtor’s claims against each alleged debtor; further proceedings to be at defendants’ risk and cost.

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Bluebook (online)

154 F. 957, 1907 U.S. App. LEXIS 5218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shepherd-circtsdny-1907.