Majority
p. 846William Walton, Pl’ff, v. The Grand Belt Copper Co., Def’t. William Belden, Rec’r, App’lt. (Supreme Court, General Term, First Department Filed June 6, 1890.)
Headnote
Leave to sue — Order runo pro turc carrot be grarted ex parte. An order granting leave to sue as of a time prior to the commencement of the action cannot he granted ex parte.(U. S. Ins. Go. v. Poülon, 25 N. Y. State Rep., 534, followed.)
Appeal by the receiver from order denying motion to vacate-an order granting leave to sue for an inj unction.
F. L. Marshall, for app’lt; JJ. B. Turner, for The Farmers’ Loan & Trust Go., resp’t.
For thmreasons stated in the case of U. S. Ins. Co. v. Poillon, 25 N. Y. State Rep., 534, we think that the motion to vacate the order of August 30, 1889, should have been granted and the order in that respect should be reversed and said order of August 30 vacated. The balance of the order we think however should he affirmed, without costs.
Yan Brunt, P. J., Brady and Daniels, JJ., concur.