Crowder v. Moone
Supreme Court of Alabama
Appeal from Chancery Court of Madison. Heard before the Hon. R. S. Watkins. This was an appeal from an order appointing a receiver, made “ at chambers in vacation ” the day before the bill was filed with the register. No notice of the application was given the defendants. The other facts, so far as material, will be found in the opinion. The . appointment of a receiver cannot be made until the bill is filed.
Read the full summary
Appeal from Chancery Court of Madison. Heard before the Hon. R. S. Watkins. This was an appeal from an order appointing a receiver, made “ at chambers in vacation ” the day before the bill was filed with the register. No notice of the application was given the defendants. The other facts, so far as material, will be found in the opinion. The . appointment of a receiver cannot be made until the bill is filed. R. C. § 3329. The suit is not commenced until then. 7 Met-calf, 161; 1 Burril Law Die. 625; 1 Bouvier, 524. Notice was absolutely essential, or some valid excuse for not giving it.…
1Opinion of the CourtJudge, J.
The order appointing a receiver in this case was made in vacation, and one day before the bill was filed. The order was made on the sixteenth day of January, 1874, and the bill was filed on the next day thereafter.
A suit in chancery is not commenced until the filing of the bill; thiis it appears that this suit was not pending when the order appointing a receiver was made. Rev. Code, section 3382.
We hold that the general power of the court of chancery to appoint a receiver, requires a suit to be pending; and such seems to be the rule in England save in extreme cases. Edwards on Receivers, p.…
2Cases cited2 opinions
- People v. NortonNew York Court of Chancery · 1828
- Wetmore v. WinansNew York Court of Chancery · 1840
3Cited by8 opinions
- State ex rel. Howell v. WildesNevada Supreme Court · 1911
- Golden v. Fifth Judicial District CourtNevada Supreme Court · 1909
- Hettel v. First Judicial District CourtNevada Supreme Court · 1908
- Harwell v. PottsSupreme Court of Alabama · 1885
- Hendrix v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1891
3 more not listed; retrieve them via the Exa API.