Commonwealth v. Order of Vesta
Supreme Court of Pennsylvania
Appeals, Nos. 7 and 36, May T., 1893, by Clarence Kennedy, assignee for benefit of creditors of the Order of Vesta, from order of C. P. Dauphin Co., Jan. T., 1893, No. 304, appointing receiver. Quo warranto. From the record it appeared that on Oct. 6, 1892, the Order of Vesta, a corporation created by decree of C. P. No. 2, Phila. Co., made a general assignment to Clarence Kennedy, for the benefit of creditors.
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Appeals, Nos. 7 and 36, May T., 1893, by Clarence Kennedy, assignee for benefit of creditors of the Order of Vesta, from order of C. P. Dauphin Co., Jan. T., 1893, No. 304, appointing receiver. Quo warranto. From the record it appeared that on Oct. 6, 1892, the Order of Vesta, a corporation created by decree of C. P. No. 2, Phila. Co., made a general assignment to Clarence Kennedy, for the benefit of creditors. The assignment was duly recorded, and the assignee entered upon his duties. On Nov. 15, 1892, the attorney general filed a suggestion for a writ of quo warranto. A plea and answer was…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
A receiver is not a common law officer and his functions have no relation to the title to the exercise of a franchise, which is the sole question raised upon the quo warranto. No authority existed, therefore, for the appointment in the present case, unless it can be found in express statutory provision.
This'is claimed first by virtue of the act of April 4, 1872, P. L. 46. By the first section of that act whenever a corporation is dissolved by judgment of ouster on quo warranto in any court of competent jurisdiction, the property and assets pass to' the officers…
2Cases cited1 opinion
- Schlecht's AppealSupreme Court of Pennsylvania · 1869
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