Howell & Howell v. Harris-Cortner & Co.
Supreme Court of Alabama
Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill by Harris-Cortner & Co., against Howell & Howell, and others, for a receiver. From a decree appointing the receiver prior to the filing of the bill respondents appeal.
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Appeal from Lawrence Chancery Court. Heard before Hon. W. H. Simpson. Bill by Harris-Cortner & Co., against Howell & Howell, and others, for a receiver. From a decree appointing the receiver prior to the filing of the bill respondents appeal. The filing of the bill is the commencement of the suit. — Sec. 3092, Code 1907. The appointment of a receiver in vacation before the filing of the bill is without jurisdiction and void. — Harwell v. Potts, 80 Ala. 70; Croioder v. Moone, 52 Ala. 220. The subsequent filing of the bill and giving the requisite bond by the receiver imparts no validity to the…
1Opinion of the CourtSayre, J.
Appeal from an order appointing a receiver. The order in question was made by the chancellor on December 21, 1909. The bill was filed on the next succeeding day. The point is made that the order is void because made 'by the chancellor in vacation and at a time when no suit was pending, and, in consequence, at a time when the chancellor was without jurisdiction. The precise point has been decided by this court in consonance with the contention of appellants on two occasions.—Harwell v. Potts, 80 Ala. 70; Crowder v. Moone, 52 Ala. 220. Appellees, appreciating the difficulty presented by the…
2Cases cited4 opinions
- Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
- Universal Savings & Trust Co. v. StoneburnerCourt of Appeals for the Fourth Circuit · 1902
- Crowder v. MooneSupreme Court of Alabama · 1875
- Harwell v. PottsSupreme Court of Alabama · 1885
3Cited by5 opinions
- Bingham v. GrahamCourt of Appeals of Texas · 1920
- Ex Parte GoodwynSupreme Court of Alabama · 1933
- Burg v. SmithSupreme Court of Alabama · 1931
- Burg v. SmithSupreme Court of Alabama · 1931
- Martin Oil Co., Inc. v. ClokeySupreme Court of Alabama · 1973