Young v. Hamilton
Supreme Court of Georgia
Motion to vacate receivership, etc. Before Judge Edwards. Polk superior court. May 17, 1910. The Etna Steel & Iron Company is a domestic corporation, having its principal place of business in the county of Polk in this State. On January 1, 1907, the company executed to the Empire Trust Company of New York, as trustee, a mortgage or deed of trust to secure the issue of $600,000 of bonds.
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Motion to vacate receivership, etc. Before Judge Edwards. Polk superior court. May 17, 1910. The Etna Steel & Iron Company is a domestic corporation, having its principal place of business in the county of Polk in this State. On January 1, 1907, the company executed to the Empire Trust Company of New York, as trustee, a mortgage or deed of trust to secure the issue of $600,000 of bonds. The bonds were of the denomination of $1,000 each, bearing interest at 5 per cent., payable semi-annually on the 1st days of January and July, and due at YO years, it was covenanted in the deed of trust, that…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. .One-of the grounds urged by the Federal court receiver for the transfer to him of the property of the Etna Steel & Iron Company from the possession of the State court receiver is that the order of appointment of the latter is void, because it was granted' before' the petition was filed in the clerk’s office, and that the appointment of the receiver was therefore coram non judice. Tn England a receiver could only be appointed after the hill had been filed, except in some special cases, as in the protection of the interests of lunatics and infants, when…
2Cases cited10 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Wabash Railroad v. Adelbert College of Western Reserve UniversitySupreme Court of the United States · 1908
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Merritt v. American Steel-Barge Co.Court of Appeals for the Eighth Circuit · 1897
- May v. PrintupSupreme Court of Georgia · 1877
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- Grizzel v. GrizzelSupreme Court of Georgia · 1939
- Parrish v. RigellSupreme Court of Georgia · 1936
- Edwards v. United Food Brokers Inc.Supreme Court of Georgia · 1942
- Nuckolls v. MerrittSupreme Court of Georgia · 1960
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