A Practical Treatise on the Law of Receivers: With Extended Consideration of Receivers of Corporations |
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Common terms and phrases
action administration affidavit alleged ancillary appeal application appoint a receiver assets assignment authority Beav bill bond ceeding ceiver circuit court claim comity conflict corporation court of chancery court of equity debtor defendant duties effect entitled erty ex rel executor exercise federal court filed final decree foreclosure Fort Payne fraud fund granted held insolvent interest Judge jurisdiction lien litigation ment Mercantile Trust Co mortgage motion National Bank Northern Pacific Railroad notice officer Ohio order appointing Paige parties partner partnership payment pendente lite pending person plaintiff pointment power to appoint proceedings prop R. R. Co Railroad Co Railroad Company Railway receiver appointed receiver to take receiver was appointed receiver's receivership refused remedy rents and profits rule Section service of process Smith statute stockholders suit supreme court sureties take possession tion Trust Wabash
Popular passages
Page 213 - ... except when such trust has in good faith been created by, or the fund so held in trust has proceeded from some person other than the defendant himself.
Page 331 - That whenever in any cause pending in any court of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the. requirements of the valid laws of the state in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof.
Page 704 - ... every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed ; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
Page 352 - Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person to any lawful writ, process, order, rule, decree, or command of the said courts.
Page 405 - No one is bound to sell to a railroad company, or to work for it ; and whoever has dealings with a company whose property is mortgaged must be assumed to have dealt with it on the faith of its personal responsibility, and not in expectation of subsequently displacing the priority of the mortgage liens. It is the exception, and not the rule, that such priority of liens can be displaced.
Page 348 - States sitting in equity in the judicial district in which the common carrier complained of has its principal office, or in which the violation or disobedience of such order or requirement shall happen, alleging such violation or disobedience, as the case may be; and the said court shall have power to hear and determine the matter on such short notice...
Page 355 - Defendants) who should come in and contribute to the expenses of the suit, against the company and all the directors.
Page 330 - Every executor and administrator must proceed with diligence to pay the debts of the deceased according to the following order: 1. Debts entitled to a preference under the laws of the United States.
Page 404 - Indeed, we are advised that some courts have made the appointment of a receiver conditional upon the payment of all unsecured indebtedness in preference to the mortgage liens sought to be enforced.
Page 471 - ... to appear and show cause why the prayer of the petition should not be granted...