In re the Assignment of Thorn

New York Court of Common Pleas

In re the Assignment of Thorn

10 Daly 71

DecidedJanuary 22, 1881

StatusPublished

This text of 10 Daly 71 (In re the Assignment of Thorn) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Assignment of Thorn, 10 Daly 71 (N.Y. Super. Ct. 1881).

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Opinion

J. F. Daly, J.

The proceedings of this petitioner, Joseph Reiss, creditor, are stayed until the costs of his former petition are paid. The provisions of section 779 of the Code apply to applications under the Insolvent Assignment Act. Proceedings taken by creditors and other interested parties for the enforcement or protection of their rights under insolvent assignments are special proceedings (Code, §§ 3333, 3334, 3343, subd. 20). An application by a creditor for an order directing a citation to issue and compelling the assignee to account is a motion (Code §§ 767, 768). Motion costs may be allowed on granting or,refusing the application (§ 3240). When motion costs are not paid, the proceedings of the party are stayed (§ 779). This application is therefore dismissed, with ten dollars costs.

Application dismissed, with costs.

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J. F. Daly, J.

The proceedings of this petitioner, Joseph Reiss, creditor, are stayed until the costs of his former petition are paid. The provisions of section 779 of the Code apply to applications under the Insolvent Assignment Act. Proceedings taken by creditors and other interested parties for the enforcement or protection of their rights under insolvent assignments are special proceedings (Code, §§ 3333, 3334, 3343, subd. 20). An application by a creditor for an order directing a citation to issue and compelling the assignee to account is a motion (Code §§ 767, 768). Motion costs may be allowed on granting or,refusing the application (§ 3240). When motion costs are not paid, the proceedings of the party are stayed (§ 779). This application is therefore dismissed, with ten dollars costs.

Application dismissed, with costs.

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Bluebook (online)

10 Daly 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-assignment-of-thorn-nyctcompl-1881.