Perry-Mason Shoe Co. v. Sykes
Mississippi Supreme Court
Fkom the chancery court of Monroe county. R. C. Beckett, Esq., Special Chancellor. The opinion states the case. The receiver is only authorized to employ counsel and charge the trust estate with attorney’s fees where the litigation is for the protection and benefit of the estate. 20 Am. & Eng. Ene. L., 189, note 2; Bank v. Duncan, 52 Miss., 740; 16 Wall., 218; 96 Am. Dec., 488; 2 Story on Eq.
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Fkom the chancery court of Monroe county. R. C. Beckett, Esq., Special Chancellor. The opinion states the case. The receiver is only authorized to employ counsel and charge the trust estate with attorney’s fees where the litigation is for the protection and benefit of the estate. 20 Am. & Eng. Ene. L., 189, note 2; Bank v. Duncan, 52 Miss., 740; 16 Wall., 218; 96 Am. Dec., 488; 2 Story on Eq. Jur., 36; 4 Gratt., 208; High on Receivers, § 865. The law does not contemplate that the receiver shall pay attorney’s fees for defending the assignment when there are in court preferred creditors…
1Opinion of the CourtWhitfield, J.
The Perry-Mason Shoe Company, in its original cross petition, states that it ‘“submits to the jurisdiction of the chancery court in respect to all litigation and liability growing out of the bond given in this cause,” and, in its bond, obligates itself to “pay, to whomsoever the . . court shall order, the dam*393ages,” etc. There is; therefore, no error in the alternative direction to pay Elkin and Goodbar Shoe Co. $561.20
The original cross petition o,f the Perry-Mason Shoe Company, “ seeking, ” in the language of the chancellor in the final decree, ‘' to rescind the sale of certain goods, and…
2Cases cited11 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Kelly v. DavisMississippi Supreme Court · 1859
- Solinsky v. Lincoln Savings BankTennessee Supreme Court · 1887
- Stewart v. M'MinnSupreme Court of Pennsylvania · 1842
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3Cited by5 opinions
- In re HabeggerCourt of Appeals for the Eighth Circuit · 1905
- Dodwell v. ReevesMississippi Supreme Court · 1917
- Anglo-American Properties, Inc. v. ThompsonCourt of Appeals for the Fifth Circuit · 1972
- In The Matter Of Anglo-American Properties, Inc.Court of Appeals for the Fifth Circuit · 1972
- Weems v. Love Manufacturing Co.Mississippi Supreme Court · 1897