Majority
p. 692The People of the State of New York, Plaintiff, v. Anglo-American Savings and Loan Association of New York, Defendant. Edward D. Candee, as Receiver of the Anglo-American Savings and Loan Association, and Others, Appellants; David F. Davis and Others, Respondents. Second Department, November 28, 1906.
Headnote
Motion and order — effect of acquiescence in motion noticed in wrong county.Although the venue of an action to dissolve a corporation is'laid in Kings county, if no opposition is made to a motion laid in Albany county to pass the accounts óf a receiver, the respondents have no standing to vacate the order on the ground of irregularity. ,
When the Supreme Court has jurisdiction, the question of the county in which a motion should be made is. one of regularity only. .
Appeal by Edward D. Candee, as receiver of the Anglo-American Savings and Loan Association of ¡New York, and others, from an order of the Supreme Court, made at .the Kings County Special Term and entered in the office of the clerk of the cóunty of Kings on the 11th day of Hay, 1906, vacating an order entered in the office of the clerk of the county of Albany on the 29th day of ¡November, 1905, settling and passing the accounts of the permanent receiver of a corporation in a suit to dissolve the corporation.
Myer Nussbaum, Charles A. Deshon, John L. Hill, Julius M. Mayer, Attorney-General, and Alexander T. Mason, Deputy Attorney-General, for the appellants.
Edward P. Lyon and George W. McKenzie, for the respondents.
This action for the dissolution of a domestic moneyed corporation was pending in the county of Kings, but the Attorney-General gave notice of motion before the Supreme Court at Special Term in Albany county for the passing of the accounts of the receiver. Due notice of the motion was given to every one interested, but no opposition to the motion or objection that it was not made in the
p. 693
proper place was made. After thus acquiescing in the motion being heard in Albany county, the respondents had no standing to make a motion in Kings county to vacate the order made in Albany county on the ground of irregularity. The Supreme Court had jurisdiction; the question of the county in which the motion should be made was one of regularity only.
The order should be reversed, and the motion denied.
Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with costs.