McLean v. Gillespie
Appellate Court of Illinois
Bill in chancery. Appeal from the Circuit Court of Montgomery county; the Hon. Truman E. Ames, Judge, presiding. Heard in this court at the May term, 1906.
1Opinion of the CourtJustice Puterbaugh
The principal question presented for our determination is, whether or not appellants are legally liable for the losses incurred by the receiver Barry in the operation of the mine? It is conceded that all persons contracting with a receiver have a right to look to the income first, and second to the rem, the fund or property ingremio legis, backed by a pledge of the court that it shall be liable for all costs and expenses legitimately incurred in pursuance of its orders. Tt is also conceded that where a receivership is procured under the assertion of an unjust or wrongful claim as finally…
2Cases cited12 opinions
- Highley v. DeaneIllinois Supreme Court · 1897
- French v. GiffordSupreme Court of Iowa · 1871
- Knickerbocker v. McKindley Coal & Mining Co.Illinois Supreme Court · 1898
- McAnrow v. MartinIllinois Supreme Court · 1899
- Link Belt Machinery Co. v. HughesIllinois Supreme Court · 1902
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3Cited by4 opinions
- Prudence Co. v. Illinois Women's Athletic ClubAppellate Court of Illinois · 1936
- Brock v. RudigIndiana Court of Appeals · 1918
- Miller v. American Light & Fixture Co.Appellate Court of Illinois · 1913
- City of Chicago v. KideysAppellate Court of Illinois · 1993