Weems v. Lathrop
Texas Supreme Court
Appeal from Matagorda. Tried below before the Hon. Wm. H. Burkhart. In the early part of the winter of 1858 Henry C. Manor and James A. Coker, as administrators of William Manor, brought suit against the heirs at law of their intestate, and others, supposed to be interested, to establish the rights of the parties in the hire of certain negroes named in the petition, of which their intestate died possessed, and for partition.
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Appeal from Matagorda. Tried below before the Hon. Wm. H. Burkhart. In the early part of the winter of 1858 Henry C. Manor and James A. Coker, as administrators of William Manor, brought suit against the heirs at law of their intestate, and others, supposed to be interested, to establish the rights of the parties in the hire of certain negroes named in the petition, of which their intestate died possessed, and for partition. In their petition the complainants asked that a receiver be appointed, “ with all proper and necessary directions to take possession of “ the negroes, and hire them, out…
1Opinion of the CourtGould, J.
The first and principal question is, whether the appointment of Brooks as receiver expired at the next term of court after it was made. Ordinarily the appointment of a receiver continues during the pendency of the suit, until the decree is rendered. In the forms of such orders, at least in some of them, no time is expressed. (Edwards on Receivers, 563, 381-2; Williamson Nilson, 1 Bland, 428-438).
Such being the general rule, growing out of the fact that the reasons for the appointment usually continue to operate until the case is tried and decided, it follows that where the *211term of his office…
2Cited by9 opinions
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- Simpson v. AlexanderCourt of Appeals of Texas · 1916
- State Ex Rel. Avenius v. TidballWyoming Supreme Court · 1927
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