Etowah Mining Co. v. Wills Valley Mining & Manufacturing Co.
Supreme Court of Alabama
Appeal from Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellees against the appellants. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted by the respondent from a decree of the chancellor confirming the appintment of a receiver by the register, and this decree of the chancellor is assigned as error. — The receiver in .this case was wrongly appointed.
Read the full summary
Appeal from Chancery Court of Etowah. Heard before the Hon. S. K. McSpadden. The bill in this case was filed by the appellees against the appellants. The facts of the case are sufficiently stated in the opinion. The appeal is prosecuted by the respondent from a decree of the chancellor confirming the appintment of a receiver by the register, and this decree of the chancellor is assigned as error. — The receiver in .this case was wrongly appointed. There was shown by the bill no case for his appointment. There must be the concurrence of two grounds : 1st. A reasonable probability of success on…
1Opinion of the Court
COLEMAN, L
— On the 14th day of March, 1894, complainants, as creditors of the Etowah Mining Company, filed their bill in the chancery court against the Etowah Mining Company, a corporation, W. M. Nixon, trustee, and M. L. Robinson ; and at the same time upon petition the register appointed a receiver without notice. The respondents appealed to the chancellor 'from the order of the register appointing a receiver. The present appeal was taken from the ruling of the chancellor confirming the appointment of the receiver by the register. The appellees contend that the jurisdiction of the…
2Cases cited2 opinions
- Fort Payne Furnace Co. v. Fort Payne Coal & Iron Co.Supreme Court of Alabama · 1892
- Heard v. Murray, Dibbrell & Co.Supreme Court of Alabama · 1890
3Cited by10 opinions
- Henry v. IdeSupreme Court of Alabama · 1922
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
- Henry v. IdeSupreme Court of Alabama · 1923
- Cronan v. District CourtIdaho Supreme Court · 1908
- Smith-Dimmick Lumber Co. v. Teague, Barnett & Co.Supreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.