Legal Opinion

Young v. . Rollins

Supreme Court of North Carolina

Decided October 5, 1881PublishedCited by 10 opinions

Appeal from an order appointing a receiver and granting a restraining order made at Chambers in a suit pending in McDowell Superior Court, by Qilmer, X By virtue of the aet of the general assembly passed on March 13th, 1879, the corporate existence of the Western Division of' the Western North Carolina railroad was terminated, and its property and effeets vested in the Western North Carolina railroad company, of which it was the offshoot, to be collected and ádministered in…

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Appeal from an order appointing a receiver and granting a restraining order made at Chambers in a suit pending in McDowell Superior Court, by Qilmer, X By virtue of the aet of the general assembly passed on March 13th, 1879, the corporate existence of the Western Division of' the Western North Carolina railroad was terminated, and its property and effeets vested in the Western North Carolina railroad company, of which it was the offshoot, to be collected and ádministered in trust for the benefit of the creditors and stockholders. The validity of the enactment and its force and operation were…

1Opinion of the Court

Smith, C. J.,

after stating the case. In the mean time G. M. Roberts, an alleged judgment creditor on March 31st, 1880, also brings suit against the said Western Division for the like purpose of securing its assets by the appointment of receivers, the summons issued in whieh is returnable to fall term of Buncombe superior court, and was served on the next day on W. W. Rollins, its late president. The complaint-put in on April 5th, was followed immediately by an answer in the name of the said Western Division, filed by him and signed by C. M. McLoud, attorney, both direc tor and defendants in…

2Cases cited4 opinions

  1. Haywood v. HaywoodSupreme Court of North Carolina · 1878
  2. Dickinson v. Central National BankMassachusetts Supreme Judicial Court · 1880
  3. Childs v. . Martin .Supreme Court of North Carolina · 1873
  4. Paige v. H. Price & Co.Supreme Court of North Carolina · 1878

3Cited by10 opinions

  1. State ex rel. Sullivan v. ReynoldsSupreme Court of Missouri · 1908
  2. State v. ParkerSupreme Court of North Carolina · 1951
  3. Young v. . RollinsSupreme Court of North Carolina · 1884
  4. Marshall v. Western North Carolina RailroadSupreme Court of North Carolina · 1885
  5. Worth v. Piedmont Bank of MorgantonSupreme Court of North Carolina · 1897

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