McKelvey v. Lewis

Headnote

I. Judgment.—Amendment of, after appeal.

1. RECEIVER GIVEN ADDITIONAL POWERS.

(a) A judgment dissolving a copartnership and appointing a receiver maybe amended, after appeal therefrom, by the insertion of a clause directing the. receiver to take possession of the partnership property, and ordering the parties to deliver the same to the receiver, and by the insertion of a clause authorizing and directing the receiver to sell and dispose of the partnership property, “ under and pursuant to the usual course and practice of this court, and to collect and receive the outstanding debts due to the said firm, and to hold and keep the proceeds of such sales and collections, until the final determination of this action or the further order of this court.”

This, although the appellate court has become possessed of the cause upon the appeal.

In this case, after an appeal had been taken by defendant, to the general term, from the special term

judgment dissolving a copartnership that had existed between plaintiff and defendant, and appointing a receiver, and after the general term had affirmed the judgment below, and after the defendant had appealed to the court of appeals from said judgment of affirmance, and while that appeal was still pending in the court of appeals, and that court had possession of the cause on appeal, the plaintiff moved at special term that the judgment be amended by the insertion of the clauses set forth in the head-note. The court at special term granted the motion, and the defendant appealed.