
    SUPREME COURT.
    James B. Staats agt. Marion E. Wemple.
    
      Supplementary proceedings — When title to personal property vests in receiver appointed in — Code of Civil Procedure, sections 2467, 2468.
    The title to the personal property of a judgment debtor, residing in another county than that in which the judgment-roll in the action is filed, is not vested in a receiver in supplementary proceedings until the order appointing him has been filed in the office of the clerk of the county where the judgment-roll is filed, and a copy of the order, certified by that clerk, is filed with the clerk of the county where the judgment debtor resides.
    And until then the receiver is not entitled'to an order requiring the judgment debtor to deliver bis personal property to him.
    
      Kings Special Term, May, 1885.
    
      This was a motion to compel the defendant, judgment debtor, to deliver certain personal property to a receiver appointed in supplementary proceedings, based upon the judgment rendered in the action against the defendant, who resided in Kings county. The action was brought in the supreme court for and the judgment-roll filed and judgment docketed in Albany county. A transcript was filed and judgment thereon docketed in Kings county. An execution was issued to and returned unsatisfied by the sheriff of that county. An order in supplementary proceedings was granted in Kings county, by one of the justices of the supreme court, referring the examination and returnable before him in that county. An examination was had and return made. Upon the return an order was granted at a special term held in Kings county, appointing a receiver of the property of the defendant. The motion papers did not disclose whether the order appointing the receiver had been filed in the office of the clerk of Albany county, and a copy certified by the clerk of that county filed in the office of the clerk of Kings county.
    
      Horace G. Lansing, for the motion.
    
      Rollin Tracy, opposed.
    The receiver has not become vested with any title in this personal property, and, therefore, is not entitled to an order requiring its delivery to him (See Code Civ. Pro., secs. 2467, 2468, sub. 2). The statute must be strictly followed, and nothing will be presumed to have been done (Dubois agt. Cassidy, 75 N. Y., 298).
   Cullen, J.

I think that under sections 2467 and 2468 of the Code of Civil Procedure, the order appointing the receiver must be filed in Albany county and a certified copy filed in Kings county, before the receiver obtains title.

Motion to compel defendant to deliver the personal property to the receiver denied, with ten dollars costs.  