Harned v. Beacon Hill Real Estate Co.
Court of Chancery of Delaware
Objections to Confirmation of Receiver’s Sale. A bill was filed by a stockholder and creditor of the Beacon Hill Real Estate Company, alleging that it was organized under the general corporation Act in 1930, and having thereafter failed for two years to pay the franchise tax due the State of Delaware, the Governor, on February 17th, 1906, by proclamation decreed that its charter was thereby repealed in accordance with the franchise tax Act, that it had never been reinstated,…
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Objections to Confirmation of Receiver’s Sale. A bill was filed by a stockholder and creditor of the Beacon Hill Real Estate Company, alleging that it was organized under the general corporation Act in 1930, and having thereafter failed for two years to pay the franchise tax due the State of Delaware, the Governor, on February 17th, 1906, by proclamation decreed that its charter was thereby repealed in accordance with the franchise tax Act, that it had never been reinstated, and that the taxes still remain unpaid. It was further alleged that the company was still the owner of a tract of land,…
1Opinion of the Court
The Chancellor :
The purchaser by his petition practically raises the question of the jurisdiction of the Court to appoint the receiver, or make the order of sale. When a Court, having jurisdiction of the parties and of the subject matter, appoints a receiver over the property, or fund in controversy, the validity of such appointment and the propriety of the order cannot be successfully challenged in a collateral suit or proceeding. High on Receivers, § 39a, and cases there cited. But it is otherwise when the Court is without jurisdiction. High on Receivers, § 39c. A Court should always…
2Cases cited2 opinions
- Harris-Woodbury Lumber Co. v. CoffinU.S. Circuit Court for the District of Western North Carolina · 1910
- American Surety Co. v. Great White Spirit Co.Supreme Court of New Jersey · 1899
3Cited by19 opinions
- In Re Citadel Industries, Inc.Court of Chancery of Delaware · 1980
- Addy v. ShortSupreme Court of Delaware · 1952
- Anderson v. Krafft-Murphy Co.Supreme Court of Delaware · 2013
- Addy v. ShortSuperior Court of Delaware · 1952
- Big Sespe Oil Co. v. CochranCourt of Appeals for the Ninth Circuit · 1921
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