Forte v. Chamberlin
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Appellants at the time they were enjoined were pursuing a plain statutory remedy in a court of equal and' concurrent jurissuit against the -bond. Acts 1905, § § 4 and 6, approved April from -a policy holder who has suffered a loss, the Auditor of State is the only person to whom authority is given by statute to bring suit against the bond.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; Appellants at the time they were enjoined were pursuing a plain statutory remedy in a court of equal and' concurrent jurissuit against the -bond. Acts 1905, § § 4 and 6, approved April from -a policy holder who has suffered a loss, the Auditor of State is the only person to whom authority is given by statute to bring suit against the bond. Acts 1905, § § 4 and 6, approved April 24, 1905. The statute under which the receiver was appointed comprises § § 949 to 952, inclusive, Kirby’s Dig. The bond is not an asset in the hands of…
1Opinion of the CourtMcCulloch, C. J.
The Commercial Fire Insurance Company, a mutual fire insurance corporation, was by order of the Pulaski Chancery Court, at the instance of certain creditors and stockholders, on allegations of insolvency, placed in the hands of a receiver to wind up its assets and affairs, and appellee was appointed as such receiver. Authority for the proceeding is found in the following statute:
“Any creditor or stockholder of any insolvent corporation may institute proceedings in the chancery court for the winding up of the affairs of .such corporations, and upon such application the court shall take charge…
2Cases cited15 opinions
- Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- Hornor v. HenningSupreme Court of the United States · 1876
- Wincock v. TurpinIllinois Supreme Court · 1880
- Minnesota Thresher Manufacturing Co. v. LangdonSupreme Court of Minnesota · 1890
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3Cited by2 opinions
- Johnson v. HouseSupreme Court of Arkansas · 1917
- American Surety Co. v. Calcasieu Oil Co.District Court, W.D. Louisiana · 1932