Pake v. Leinkauf Bank. Co.
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saepold Berney. Harry B. Pake was appointed assignee to take charge of and administer the affairs of the Lienkauf Banking Company for the benefit of its creditors. From a decree removing him, he appeals, and Pillans, Hanaw & Phillans-appeal from a decree fixing counsel fees for representing such assignee.
Read the full summary
Appeal from Mobile Law and Equity Court. Heard before Hon. Saepold Berney. Harry B. Pake was appointed assignee to take charge of and administer the affairs of the Lienkauf Banking Company for the benefit of its creditors. From a decree removing him, he appeals, and Pillans, Hanaw & Phillans-appeal from a decree fixing counsel fees for representing such assignee. Having failed to find in any instance, bad faith, fraud, gross negligence, or willful violation of any trust, the chancellor erred in the removal of the trustee. — Perry on Trusts, 5th Ed. § 276, p. 417; Gould v. Hayes, 19 Ala. 438;…
1Opinion of the Court
de GRAFFENRIED, J. —
In the case of Ex parte Rebecca Jonas, infra, 64 South. 960, this court held that the decretal order removing Harry B. Pake as trustee was not such an order as would support an appeal to this court by said Harry B. Pake. For the reasons set out in the opinion in the above-cited cause, the appeal in *309the case at bar is dismissed from the docket of this court.
In this proceeding, Pillans, Hanaw & Pillans, who are not parties to this cause but who are of counsel for Harry B..Pake, who was, until his removal as trustee, one of the parties to the cause, have appealed to this…
2Cases cited1 opinion
- Ex parte JonasSupreme Court of Alabama · 1914
3Cited by9 opinions
- Daughtry v. MOBILE CTY. SHERIFF'S DEPT.Supreme Court of Alabama · 1988
- Duncan v. First Nat. Bank of JasperSupreme Court of Alabama · 1990
- Security Life & Accident Insurance v. Crescent Realty Co.Supreme Court of Alabama · 1962
- Horst v. PakeSupreme Court of Alabama · 1916
- Carter v. Board of Trustees of the Policemen & Firemen's Retirement FundAlabama Court of Appeals · 1963
4 more not listed; retrieve them via the Exa API.