
    Frederick W. Maass, Judgment Creditor and Respondent, v. James McEntegart and Christopher C. Sullivan, Judgment Debtors; James J. Fitzgerald, Claimant, Appellant.
    (City Court of New York, General Term,
    July, 1897.)
    1. Supplementary proceedings — Jurisdiction limited.
    Supplementary proceedings are special proceedings, and the court ha's not, and cannot, confer greater- jurisdiction than that which is conferred by. statute.
    
      2. Same. — A dispute as to a fund must be settled by an action.
    Where a substantial dispute arises as to the ownership of a fund, as between rival claimants to it, the court cannot, by consent of the parties or in any other manner, settle the dispute in supplementary proceedings, but must leave the parties to their action.
    Appeal from an order confirming a referee’s report in supplementary proceedings.
    J. J. Fitzgerald, for appellant.
    W. K. Klinker, for respondent.
   Van Wyck, Ch. J.

Appellant must be held to his stipulation. Order affirmed, with costs.

McCarthy, J., concurs.

Schuchman, J. (dissenting).

This is an appeal from an order confirming a referee’s report,- made pursuant to an order in supplementary proceedings, made and entered on consent of both claimants, referring to a referee the question of ownership of a certain fund'on deposit with a third party, and the question as to who is entitled to the whole or any part of the money thus deposited.”

The appellant maintains that this court is without jurisdiction, and that his said consent does not confer jurisdiction of the subject-matter upon this court. .

Supplementary proceedings are special proceedings and the court has not, and cannot confer greater jurisdiction than what is conferred by.statute.

The established rule of law is: “ Whenever a substantial dispute arises as to the ownership of a certain fund between rival claimants, tlie court cannot settle such, dispute in supplementary proceedings, but should leave the parties to their action.” Krone v. Klotz, 3 App. Div. 587.

The facts in this matter reveal substantial dispute. The respondent may apply for the appointment of a receiver who can bring an action.

Order appealed from reversed, without costs.

Order affirmed, with costs.  