Campbell v. H. B. Claflin Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. William II. Simpson. The bill in this case was filed by the appellee as a creditor of A. R. Campbell, doing business as A. E. Campbell & Co., mentioned in the deed of general assignment made by A. R. Campbell for the benefit of creditors; and prayed for the appointment of a receiver to conclude the administration of a deceased trustee.
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Appeal from the Chancery Court of Madison. Heard before the Hon. William II. Simpson. The bill in this case was filed by the appellee as a creditor of A. R. Campbell, doing business as A. E. Campbell & Co., mentioned in the deed of general assignment made by A. R. Campbell for the benefit of creditors; and prayed for the appointment of a receiver to conclude the administration of a deceased trustee. There was a receiver appointed, and a special register was also appointed to ascertain the amount of the claim and the largest, creditor of the trust estate, and to ascertain and report a…
1Opinion of the CourtTyson, J.
We must decline to enter upon a consideration of the question as to whether the receiver was properly or improperly appointed. This appeal is not from the order of the court appointing him and the propriety of that order is not here involved. If appellant felt aggrieved by the appointment he should have, as he-had a right to do, prosecuted an appeal under section 429 of the Code.
The decree appealed from is the one rendered on the 30th day of March, 1900, overruling certain exceptions taken by appellant to the special register’s report to whom had been referred the matter of ascertaining and…
2Cases cited2 opinions
- Vaughan v. SmithSupreme Court of Alabama · 1881
- Powers v. DickieSupreme Court of Alabama · 1873
3Cited by4 opinions
- Harper v. Raisin Fertilizer Co.Supreme Court of Alabama · 1906
- Pagett v. BrooksSupreme Court of Alabama · 1903
- Horton v. HillSupreme Court of Alabama · 1903
- Engle v. BronaughSupreme Court of Alabama · 1923