The New York herald., 1869-08-27
Cigar Dealers Arrested.
supsRloa C0UsT-spsCIAl TEEN.
A Nice Question OF Inv Settled LII Whom
lies tLe Power 10 Issue Injuuciions aud
Appoint Receivers.

A Nice Question OF Inv Settsed- In Whom
Lies tLe Power TO Issue Injuuctions and
Appoint Receivers.
Before Judge McCunn
BdR Us. Ma nning.-Judge McCunn yesterday de-
3lvered the following opinion IN this csse:---
An application for the sppOln lntment OF q receiver
must be made 10 the judge who granted the order vi
reference and who appointed the referee 70 examine
as to the property OF the judgment debtor
No other Judge out Of court has the power. Such
was Code 29s) tue practice rs held IN the case OF
Smith and another VS.. Johnson q How. ID, 3el.
Again, the Code requires that The order should be
q chamber order, and that the same must be fled
with the Clerk OF the city end county OF New York;
AMI it Is only from the time tile receiver receives
cory the ORDER certied by the County CLERK, that
ne has any power 70 act c. all. The Judge in an
order appointing receiver, has no authority to di
rect an assignment Of personal property; and IN re-
apect to debts owing 10 tie judgment debtor lie can
only forbid any transfer other disposition OF them
until an opportunity be given the receiver TO sue.
People vs.. hur!bur', How y. 4is n. Y. Leg
The motion TO set aside the order appointing q re.
eeiver must be granted.
Important Opinion ia Supplementary Pro-
ceediDss.
Before Judge McCunn.
HflioR ~. Eau et ~ as. J!iit6R 4. GooIeDouG'.
a oL-The plaintiff La this instituted supple
mentary proceedings against the defendants TO Col.
Acct Judgment recovered py them against the de-
yendants and for that purpose procure,. an order
from his Honor Judge Mcneil requiring the defend
ants 10 appear ond be examined concerning their
procured an order from his Honor Judge Friedman
appointing receiver Of the property OF the ludg-
Jnent debtor
Mr.. II. c. Dcnison, counsel Tor the Judgment
debtor, moved 10 vacate the order on the ground
that under the code Judge Friedman mad 10 power
20 make the order, aud that Judge Mcneil, who
granted the original order Tor the examination oi
the judgment doctor, was the proper Judge 10 ap.
point the receiver.
Judge McCunn granted the mosicu and delivered
The following opinien:-
The rule IL now settled that application Tor the
appointment OF receiver must be made 10 The
Judge who granted the order OF reference and VINO
appointed the referee 10 examine as to the property
Of the judgment debtor No other Judge out of court
has the power. such was Code 2usl the practice as
held In the case OF Smith aud another vs. Johnson
Il How. Rep 3o. Again, the Code requires thaJ the
order should be chamber order, and that the same
must be fled with the Clerk or The city and county ol
New York; and II is only from the time the receiver
receives copy OF the oraer, ceitified bg the County
Clerk that he has any power TO act at 6l. The JnGge
IN order appointing receiver has 40 authority 10
direct an assignment OF personal property; ana IN
respect 10 debts owing 70 the Judgment debtor can
only forbid any transfer OF other disposition oi thciD
until an opportunity be gwen the receiver 10 sna.
kPeope ys. Hurlburt. How, +. X. AZ, y. J. Leg.
Observer, 245.l Motion granted.
Important to Contractors.
In the absence OF the other judges oi The superior
Court Judge McCunn viii sis all day tomorrow,
from nine A. NJ, 10 pu. tie usual oatiis 10 co,,.
tractors for work IN the Ciot0n Wstsr Department
and Street department.