Hall v. Stulb
Supreme Court of Georgia
Complaint. Before Judge Eve. City court of Bichmond county. December 4, 1905. A. W. Stulb brought suit against H. L. Hall, and alleged the following facts: On July 16, 1902, petitioner was appointed receiver of the firm of Hall & Wylly, and took jDossession of the property of said firm, and, after conducting the business for some time, finally sold the assets for $11,000, the same being bought in for the benefit of Hall.
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Complaint. Before Judge Eve. City court of Bichmond county. December 4, 1905. A. W. Stulb brought suit against H. L. Hall, and alleged the following facts: On July 16, 1902, petitioner was appointed receiver of the firm of Hall & Wylly, and took jDossession of the property of said firm, and, after conducting the business for some time, finally sold the assets for $11,000, the same being bought in for the benefit of Hall. Hall had promised to pay petitioner his fee as receiver, and, relying on this promise, petitioner presented no claim to the court for -fees, “nor did he object to the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) A receiver is an officer of the court from which he receives his appointment. He is sometimes described as an impartial and indifferent person between the parties to a cause, appointed by the court to receive and pneserve the property or fund in litigation pendente lite, when it does not seem reasonable to the court that either party should hold it. He is in no sense an agent or representative of any party to the action. He exercises his function in the interest of no individual interested in the litigation, but for the common benefit of all concerned.…
2Cases cited1 opinion
- National Exchange Bank v. WoodsideMissouri Court of Appeals · 1904
3Cited by7 opinions
- MacNeill v. SteeleSupreme Court of Georgia · 1938
- Owens v. Floyd CountyCourt of Appeals of Georgia · 1957
- Erikson v. HewlettSupreme Court of Georgia · 1956
- Adamson v. LeathersCourt of Appeals of Georgia · 1939
- First Federal Savings & Loan Ass'n v. StephensSupreme Court of Georgia · 1970
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