Wilson v. Naile

1 Sarat. Ch. Sent. 5, 1841 N.Y. LEXIS 331

Opinion

In this case it was decided that where a receiver, under color of his office, improperly attempts to interfere with the rights of third persons, this court has power to control his proceedings or to compel him to make restitution or may permit the party thus injured by its officer to proceed at law against him for such injury; but that this court will not allow two proceedings to be carried on for the purpose of obtaining satisfaction for the same act. Order of the vice-chancellor modified.