Moritz & Weil v. Miller, Schram & Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in equity. Heard before tbe Hon. Tiros. M. Akmngton. The appeal in this case is sued out from an order for the appointment of a receiver, under a bill filed by Miller, Schram & Co., as simple-contract creditors of Moritz & Weil, against their said debtors and others, seeking to set aside as fraudulent a transfer of their outstanding notes and accounts by said Moritz & Weil. cited High on Receivers, §§ 111-13; Brktvjkhd Iron Works v.…
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Appeal from the City Court of Montgomery, in equity. Heard before tbe Hon. Tiros. M. Akmngton. The appeal in this case is sued out from an order for the appointment of a receiver, under a bill filed by Miller, Schram & Co., as simple-contract creditors of Moritz & Weil, against their said debtors and others, seeking to set aside as fraudulent a transfer of their outstanding notes and accounts by said Moritz & Weil. cited High on Receivers, §§ 111-13; Brktvjkhd Iron Works v. Foster, 54 Ala. 622.
1Opinion of the CourtClopton, J.
As receivers are ordinarily appointed withqut requiring of the applicant bond indemnifying the otheif party against damages which may be caused by a wrongful appointment, the utmost care and circumspection should be observed in administering this extraordinary remedy. The court should ever be reluctant to summarily take' property from the possession of a defendant claiming righjt or title thereto, and putting it into the control and management of an appointee of the court, without affording the claimant and possessor opportunity to be heard in *332opposition. When the most provident care is used,…
2Cases cited6 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- French v. GiffordSupreme Court of Iowa · 1870
- Triebert v. BurgessCourt of Appeals of Maryland · 1857
- Ashurst v. Lehman, Durr & Co.Supreme Court of Alabama · 1888
- Sims v. AdamsSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Ferguson v. TabahCourt of Appeals for the Second Circuit · 1961
- Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
- Ferguson v. TabahCourt of Appeals for the Second Circuit · 1961
- Bank of Florence v. United States Savings & Loan Co.Supreme Court of Alabama · 1893
- Wabash Railroad v. DykemanIndiana Supreme Court · 1892
15 more not listed; retrieve them via the Exa API.