Schilcer v. Brock & Spight
Supreme Court of Alabama
Appeal from Morgan Chancery Court. Heard before 1-Ion. Wm. H. Simpson. Brock & Spiglit applied to the chancellor for the appointment of a receiver on a bill which they had filed against E. M. Schileer and O. E. Sittason, praying that a certain conveyance executed by Sittason to Schileer and the property therein embraced be declared to inure to the benefit of all the creditors of Sittason. The facts are fully stated in the opinion.
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Appeal from Morgan Chancery Court. Heard before 1-Ion. Wm. H. Simpson. Brock & Spiglit applied to the chancellor for the appointment of a receiver on a bill which they had filed against E. M. Schileer and O. E. Sittason, praying that a certain conveyance executed by Sittason to Schileer and the property therein embraced be declared to inure to the benefit of all the creditors of Sittason. The facts are fully stated in the opinion. From the decree appointing a receiver this appeal was taken. — Tlie averments of tlie bill did not justify tlie appointment of a receiver. — Jones v. McPMllips, 77…
1Opinion of the CourtTyson, J.
— This appeal is prosecuted from an order appointing a receiver. The order making the appointment was made by the chancellor in vacation, before answer, and within a feiv days after the filing of the bill in the cause. The record contains no application in writing for the appointment, but from the recitals in the decree made by the chancellor, it appears that it was made upon the averments in the bill. The notice issued purports to have been filed in the cause on the 25th day of May, 1899, and addressed to this appellant and the other respondent to the bill of complaint, recites that he “will…
2Cases cited1 opinion
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
3Cited by7 opinions
- Ex parte N. K. Fairbank Co.District Court, M.D. Alabama · 1912
- Worthen v. State ex rel. VernerSupreme Court of Alabama · 1914
- Lambert v. AndersonSupreme Court of Alabama · 1933
- Birmingham Disinfectant Co. v. SmithSupreme Court of Alabama · 1911
- Guyton v. TerrellSupreme Court of Alabama · 1901
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