The Law of Receiverships as Established and Applied in the United States: Great Britain and Her Colonies, with Procedure and Forms |
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Page iv
... facts upon which it is made . But for this the notes herein would seem out of proportion . It is a fruitless task , in some cases , to attempt to reconcile con- flicting decisions , but generally a careful examination will show ...
... facts upon which it is made . But for this the notes herein would seem out of proportion . It is a fruitless task , in some cases , to attempt to reconcile con- flicting decisions , but generally a careful examination will show ...
Page 24
... fact , or may refer the matter to a common law court and jury for settlement and adjudication , but , in such case , the court retains the property or funds under its control . ( c ) DETERMINES NO RIGHTS AND AFFECTS NO LIENS . The ...
... fact , or may refer the matter to a common law court and jury for settlement and adjudication , but , in such case , the court retains the property or funds under its control . ( c ) DETERMINES NO RIGHTS AND AFFECTS NO LIENS . The ...
Page 29
... fact that a receiver of the es- tate of a debtor has been already ap- pointed , is no answer to an applica- tion for a similar appointment in a subsequent suit by other parties ; but the same receiver will be appointed in the subsequent ...
... fact that a receiver of the es- tate of a debtor has been already ap- pointed , is no answer to an applica- tion for a similar appointment in a subsequent suit by other parties ; but the same receiver will be appointed in the subsequent ...
Page 38
... fact that the ultimate rights of the parties must be prejudged , to some extent , from a partial examination of the circumstances disclosed by the plead- ings and affidavits , often drawn by skillful lawyers , from state- ment more or ...
... fact that the ultimate rights of the parties must be prejudged , to some extent , from a partial examination of the circumstances disclosed by the plead- ings and affidavits , often drawn by skillful lawyers , from state- ment more or ...
Page 47
... fact . ( b ) The appointment of a receiver removes the parties in pos- session of property , who are parties to the suit , from the custody and control thereof and pending the litigation terminates all rights growing out of such ...
... fact . ( b ) The appointment of a receiver removes the parties in pos- session of property , who are parties to the suit , from the custody and control thereof and pending the litigation terminates all rights growing out of such ...
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Other editions - View all
The Law of Receiverships as Established and Applied in the United States ... John Wilson Smith No preview available - 2017 |
The Law of Receiverships as Established and Applied in the United States ... John Wilson Smith No preview available - 2017 |
Common terms and phrases
action alleged application appoint a receiver assets assignment Asso authority Barb Beav bill Biss Blatchf bond ceiver Central Trust Co chancery claims contract court of chancery court of equity court say creditors Davis debt debtor decree default defendant dissolution duty entitled erty foreclosure Fort Payne fraud fraudulent funds held insolvent interest Iowa Jones judgment jurisdiction L. J. Ch liability lien Mass ment Minn mort mortgage mortgagor N. J. Eq national bank Ohio St P. R. Co Paige parties partner partnership payment person plaintiff possession proceeding prop railroad receiver appointed receiver's receivership rents and profits rule Sandf Smith Stat statute statutory stockholders suit Teleg tion Trust Union Trust Co Wabash
Popular passages
Page 650 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Page 419 - ... the Comptroller of the Currency may forthwith appoint a receiver, and require of him such bond and security as he deems proper. Such receiver, under the direction of the Comptroller, shall take possession of the books...
Page 423 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 426 - It is for the comptroller to decide when it is necessary to institute proceedings against the stockholders to enforce their personal liability, and whether the whole or a part, and if only a part, how much, shall be collected. These questions are referred to his judgment and discretion, and his determination is conclusive. The stockholders cannot controvert it.
Page 658 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 512 - Kansas of 1874 providing that "every railroad company organized or doing business in this state shall be liable for all damages done to any employee of such company in consequence of any negligence of its agents, or by any mismanagement of its engineers or other employees to any person sustaining such damage...
Page 421 - 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...
Page 213 - The mortgagee has his strict rights which he may enforce in the ordinary way. If he asks no favors, he need grant none. But if he calls upon a court of chancery to put forth its extraordinary powers and grant him purely equitable relief, he may, with propriety, be required to submit to the operation of a rule which always applies in such cases, and do equity in order to get equity.
Page 448 - Such violation shall, however, be determined and adjudged by a proper circuit, district, or territorial court of the United States, in a suit brought for that purpose by the Comptroller of the Currency, in his own name, before the association shall be declared dissolved.
Page 660 - States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.