Majority
The appeal book shows that the defendant, William H. Burr, confessed judgment, January 9, 1895, to Euphemia C. Burr, for $2,000, and costs, and that, in supplementary proceedings founded thereon, James I. Delany, Esq., was appointed receiver of the defendant’s property, January 14, 1895. The plaintiff, a prior judgment creditor, instituted supplementary proceedings against the defendant, December 8, 1894; and the confession of judgment by the plaintiff to Euphemia C. Burr was evidently intended by the parties thereto to supersede any application that might be made in the plaintiff’s action looking towards the appointment of a receiver, and to secure an appointment agreeable to the defendant. It does not appear that any notice of the application to appoint Delany as receiver was ever served on the plaintiff, and, its proceeding being pending at the time, this omission is a defect. For this reason, ana those assigned by the court below, the order appealed from must be affirmed, with costs.