International Harvester Co. of America v. Union Irr. Co.
Supreme Court of Louisiana
Appeal from Sixteenth Judicial District Court, Parish of St. Landry; B. H. Pavy, Judge. Suit by the International Harvester Company of America against the Union Irrigation Company. Upon a proceeding for a judicial receivership sale of the property of the Irrigation Company, certain creditors objected to the sale. From an order sustaining exceptions to such objections, such creditors appeal.
1Opinion of the CourtProvostv, J.
Section 10 of Act 159, p.. 315, of 1898, which is the statute governing receivership proceedings, reads:
“Where the court has appointed a receiver and it is made to appear that there is no reasonable ground to believe that the property of the corporation can be so administered as to pay its debts, and the possession thereof restored to the corporation, the court may on application of any party at interest, after ten days’ notice of such application on the order book, if there be no opposition, or after hearing if same be opposed, order the sale of the property and the distribution of its…
2Cases cited4 opinions
- Perry v. HollowaySupreme Court of Louisiana · 1845
- In re Browne & Jenkins Co.Supreme Court of Louisiana · 1901
- Southern Mutual Insurance v. PikeSupreme Court of Louisiana · 1881
- First Nat. Bank v. Powell Bros. & Sanders Co.Supreme Court of Louisiana · 1911
3Cited by3 opinions
- International Harvester Co. of America v. Union Irr. Co.Supreme Court of Louisiana · 1922
- Killeen v. Boland, Gschwind Co.Supreme Court of Louisiana · 1924
- Gregg Co. v. Utuado Sugar Co.District Court, D. Puerto Rico · 1918