Worth v. Piedmont Bank of Morganton
Supreme Court of North Carolina
Oivtl action, brought ill the Superior Court of Wake County by W. H. Worth, State Treasurer, against the Piedmont Bank of Morganton, for the winding up the affairs of the Bank and the appointment of a receiver, and heard before Robinson, /., at Chambers, on the 11th day of December, 1897, on a motion to appoint a permanent receiver, and on affidavits of W. E. Walton and others, in answer to a rule on said Walton why he should not be adjudged in contempt for refusing to…
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Oivtl action, brought ill the Superior Court of Wake County by W. H. Worth, State Treasurer, against the Piedmont Bank of Morganton, for the winding up the affairs of the Bank and the appointment of a receiver, and heard before Robinson, /., at Chambers, on the 11th day of December, 1897, on a motion to appoint a permanent receiver, and on affidavits of W. E. Walton and others, in answer to a rule on said Walton why he should not be adjudged in contempt for refusing to deliver possession of the property of defendant Bank to A. D. Cowles, who had been appointed temporary receiver by Robinson,…
1Opinion of the Court
Clark, J.:
Ordinarily the motion for a receiver must be made before the resident Judge of the District, or one assigned to the District or holding the Courts thereof by exchange, at the option of the mover. Code, Sections 379, 336; Corbin v. Berry, 83 N. C., 27. Or, at most, in analogy to the granting of restraining orders, if the motion for a temporary receiver is granted by any other Judge than one of those just named, the order must be made returnable before one of such Judges. Galbreath v. Everett, 84 N. C., 546; Hamilton v. Icard, 112 N. C., 589. The Acts of 1891, Chapter 55, amended by…
2Cases cited6 opinions
- Childs v. . Martin .Supreme Court of North Carolina · 1873
- People v. Central City BankNew York Supreme Court · 1867
- Hamilton v. . IcardSupreme Court of North Carolina · 1893
- Young v. . RollinsSupreme Court of North Carolina · 1881
- Corbin v. Berry & McGowanSupreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. ParkerSupreme Court of North Carolina · 1951
- Shields v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1901
- Hall v. Shippers Express, Inc.Supreme Court of North Carolina · 1951
- Lowder on Behalf of Doby v. DobyCourt of Appeals of North Carolina · 1986
- Allen v. Allemania Fire InsuranceSupreme Court of North Carolina · 1938
2 more not listed; retrieve them via the Exa API.