Magee v. Cowperthwaite
Supreme Court of Alabama
Writ of Error to the Court of Chancery for the 1st District. A receiver having been appointed in the case of the Bank ,of the U. States vs. Hitchcock’s heirs and others, in the progress of that cause, to which the defendants in error are parties, his accounts were referred to the master for examination, with instructions to report what allowance should be made as a compensation for renting the property in his charge, and disbursing the money necessary for repairs.
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Writ of Error to the Court of Chancery for the 1st District. A receiver having been appointed in the case of the Bank ,of the U. States vs. Hitchcock’s heirs and others, in the progress of that cause, to which the defendants in error are parties, his accounts were referred to the master for examination, with instructions to report what allowance should be made as a compensation for renting the property in his charge, and disbursing the money necessary for repairs. The evidence before the master shows that the rents accruing during the /continuance of the receivership, .counting from the 1st…
1Opinion of the CourtGoldthwaite, J.
1. A receiver appointed by thef court of chancery, is, to every extent, an officer of that court. Thus he may be proceeded against, and committed to prison for not obeying orders, or for not paying over monies received by him in virtue of his appointment. [1 Smith’s Chan. Prac. 645 ; 1 Barbour’s do. 658.J And in the English chancery, a sci. fa lies out of that court against the sureties on his bond. [1 Smith’s Chan. Prac. 647. J We infer from what is said in the books of practice, that in England compensation is fixed by a general rule, as reference is frequently made to-the receiver,…
2Cases cited2 opinions
- In re LivingstonNew York Court of Chancery · 1842
- Wright v. MinterSupreme Court of Alabama · 1830
3Cited by12 opinions
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Sullivan Timber Co. v. BlackSupreme Court of Alabama · 1909
- Clifford v. MontgomerySupreme Court of Alabama · 1919
- Coffey v. GaySupreme Court of Alabama · 1914
- Newberry's Administrator v. Newberry's DistributeesSupreme Court of Alabama · 1856
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