The New York herald., 1877-10-28
RESISTING A RECEIVER.

In q recent suit brought by John H. Tienkcr against
James Cavanagh verdict obtained against the
latter for $3.50, upon which execution issued,
but returned unsatisfed. Upon examination In sup
Elementary proceedings Mr.. Cavanagh proved to DO
the owner OF livery stable at No 4lS Court street
Brooklyn. Mr.. David Ferguson, who appointed
receiver. took possession and placed the man
In charge but two hours later upon rovisit-
Ing the place. fouDd, as he ncgos. his
barricaded by Cavanagh and thrce other mcn
who refused to allow MN to enter the premises
although hibitipg the order appointing nitD
ceIver. Upon this state OF iacts Mr. L. J. Grant OBJ
taned from Judgs Donohuo au oroer 10 show cause
why the parties obsrucng the receiver shoud not DO
punished Tor contempt oil Court Mr. Grant explained
Donobue yesterday in Supreme Cour, Chambers.
mo, SIR" answered Mr. Grant. 'Mr. cavanagh has
Btudiousy kept himself out Of tho way"
"Wnerc the other three mon 2"
81 succeeded serving Mr. O'Noill. a stepson OF
Mr. Cavanagny with the order 10 show cause but
not lind the others"
a wish TO say something in this case, /" said Mr..
Carter lawyer IN brooklyn, ..but have not yc. had
time " read over tue papers. therefore ask al
Journnent."
mo Adjournment DO granted,n replied Judge
Donohuc. 1T Is no fault OF yours, but OF tho
cuscd partics and tncy tho consequ noes.
Let attachments issue against thcm."
''Can thero be no delay In this case" plod tho
counsel
''certainly not,' answered tho Judge. "The re-
cclver ~ officer Of the Court and bo protected
Let them give the receiver peaceabe possession and
,hcn they can be heard II they have anything say.
THAT CEMETERY ASSESSMENT CASE.
Two days ago there published In tho HERALD
the inct OF petition having been submitted to Judge
Donohuo by Rabbi Klein, asking the vacation OF IN
assessment Tor 81, 500 imposed the cemetery lots
in Eghty-cighth street, between Fourth and Madison
avenues for the extension OF Madison avenue from
Eghty-sxh 10 12oth street, and ior laying some
srs. Tho curious points urged ny Rabbi
gwen. Judge Donohuo gave his decision
In tho yesterday in which, will be secn, no
does pot speak III very complimentary terms OF tho
rabbi lawyer, tho following beng his dccsion-''lt
Is not possible that, poor as those candidates
alleged to be, they cannot obtain tho aid OF somo
one with intelligence enough present Ia tho
proper shape any claims they may have. Indeed,
On This sauie calendar other CLAIMS by them arc
presented by counsel who aro representing them
properly. Tho papers hero uro uil irregular. ana
present, as they stand no merits except unworthy
bones. The proceedings are dismissed, aud, as tho
iault is that oi the parsons representing tho app-
tants without Costs"
ACCOUNTABILITY OF EXECUTORS.
In Juno last IN tho Court OF Common Pleas before
Chief Justice Daily and jury Tho case OF Samuel
Luckcy against Charles L. Heuborer, executor OF
Emma J. Luckey deceased, was tried. Tho action was
brought to claim Of $3.50 IL interest," for
board ana lodging furnished by the plaintiff to tho
deicndant's testatrix. Tho defendant intcrposed an
answer denying that tho was indebted 10 the
trial that the had been duy presented 10
tho executor for settlement within tho tiino pro-
scrlbcd by aw but that although he was frequently
written TO the subjoci, be PAID attention what
10 tho repeated requests of tho painti aud
sstenty refused aud neglected TO pay The clam
The assots hands executor. On the trial the
defendant ,csthed that the reason why he aid pay
Inc clam that he had been advised by trends or
the deceased that sho had Told them that she had al
~uys pao Tor her board aud lodging IN advance. A
vcrdct giyon for painun Tor 1896 2s tho full
amount caimcl, with interest," but did not carry
costs. being against an executor. The PLAIN
tn was represented by Judge Josiah Porter,
and tho deiendant ny Max Moses. ilaiD-
tn's counsel subsequently moved on aidavits
fully setting forth Tho iacts before Judge kobinson a
Chambers ior nm order com peliIg the defendant 10
pay the COSTS which motion was opposed by the de-
ionduut's attorney, who presented counter adavits
IN addition 10 tho sworn testnoDy gwen ON tbs trial
Judge Robinson has granted tho notion holding that
under tic circumstances, Tho defendant wns person.
uy liable Tor tLv oi tho action, aud lengthy
cgnson reviewing the iacts charactcrizcs tho action
oil deicndant and his counsel az entirely unautLor.
lxud.