The New York herald., 1878-10-29
THE COURTS.
A Receivers Zeal Restrained
by State Rights.
TESTIMONY AND TEARS.
Harry Genet's Harlem Court
Asi House Job.

In the year 1874 John D. Andrews and another apd
HE Hanover National Bank, Of this city, recovered
respectively Judgments against John Murray oorhead
;hs former Tor $737 70 and the latter tor 81, l6o 81
the executions issued such judgments having been
returned unsatisned, q supplementary examination
followed. when II appeared that the only property
4r Aoorhssd had claim against the Milford
and Aatamoros Railroad Company for about $4,000
on = contract for which the State OF Pennsyivania
was guarantof. An order was then mado In tho
Marine Court appointing J. Herrick Henry receiver
or the property Of Mr. Moorhead accompanied by the
usual injunction in orders supplementary. pronibit-
Ing the judgment debtor from dsposing OF any Of his
property. A Judgment was rendered against the
railroad pany for 6T870 88 III favor OF Mr. Moor
head, ana AZ ibs last session Of the Legislature Of
fonnsy ivania act passed authorizing the Al.
torney General, the Auditor General and the Secre-
larry Of The Commonwealth 20 audit TINS claim
havo been sustained by reason Of the repeal
Or The appropriation 20 the Milford and Matamoros
Railroad Company. The report OF the auditors
iavor oil Mr. Aoornsad for the whole OF his
judgment against tho railroad company. ana recently
The state Treasurer drew IN his avor eight drafts ior
she full amount Of the CLAIM As receiver, appointed
In tho courts OF this State. Mr Henry now claims
that these drafts or their proceeds should nave come
10 him, the judgments In which he was appointed
such receiver paid OF sucn proceeds. Faiiing IN
both. and on me allegation that Mr. Aoornsad had
lhsr proceeds other parties, in Violation OF the
Courts injunction and sne righs Of The receiver
inter applied 10 Judge ncAuam 10 nave MT. MOOT.
head punished for contempt Of Court. Judge Nc
Adam gave his decision yesterday. roiusing the app
cation "A claim having NO foundation in law" says
Judge AcAdsm, ''bus depending entirely upon the
generosity Of the government constitutes no basis
tor the action OF any legal principle. Nor 10 such .
claim assignablc. Tne inchoate, intangible squity
which the debtor had against lne State
Of PeDnsylvania. being dependent on tine SOW
eregn Will Of tnat state, ialls within the above
priuops, ana did not pass 10 the receiver appointed
by this Court. fhe order Of appointment conferred
upon NAM title 70 such property OF the DESCENDANT a.
he possessed, had dominion over or capable OF
transferring the time whom the respective 0rderg
which initiated me proceedings were granted. But
tue term property properly construed, does nos
embrace the jus precaTium Aforesaid which the
!esy OF the sovereign power alone made productive.
What the detendsnt subsequently did IN reieronce TO
H. therefore, resulted in no legal injury 70 The re-
cever, and he has, therefore, NO legal right 10 COM
plain. The state Oi PennsyivaniR, US a sovereign
power, coNid be sued the courts OF this any
Of the states without It's CONSENT that the receiver
sppointeo by this Court has not lost the right OF CO.
ercing that state into recognizing supposed little,
ior he hgo neither title nor the legal means Of
sorting II In The courts ii he had had In
sDcct an Intangible equity against sovereign power,
D guishabe from similar claim against nat
urnl psrkon, capable OF being sued the ordinary
tribunals or the State, must be Obsorved.0