General
In the Matter of Supplementary Proceedings of Charles J. Rainear, etc., Respondent, against Edwin Harding, Appellant. Michael J. Simon and St. George Trucking Co., Inc., Appellants
222 A.D. 824·New York Supreme Court, Appellate Division·1928·NY
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Opinion
In the Matter of Supplementary Proceedings of Charles J. Rainear, etc., Respondent, against Edwin Harding, Appellant. Michael J. Simon and St. George Trucking Co., Inc., Appellants.
[MAJORITY]
Order directing delivery of stock to receiver reversed upon the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The judgment debtor’s wife claims title to the stock in question and it is now in her possession. She was not a party to the proceeding and her title thereto cannot be tried therein and its delivery compelled under section 793 of the Civil Practice Act. Young, Kapper, Hagarty, Seeger and Carswell, JJ., concur.