Wilson v. Naile

Saratoga Chancery Court

Wilson v. Naile

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

DecidedJanuary 25, 1841

StatusPublished

This text of 1 Sarat. Ch. Sent. 5 (Wilson v. Naile) is published on Counsel Stack Legal Research, covering Saratoga Chancery Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wilson v. Naile, 1 Sarat. Ch. Sent. 5, 1841 N.Y. LEXIS 331 (N.Y. Super. Ct. 1841).

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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.

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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.

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Bluebook (online)

1 Sarat. Ch. Sent. 5, 1841 N.Y. LEXIS 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-naile-nychanctsara-1841.