Legal Opinion

Anchor Coatings, Inc. v. De Gelleke Co.

Wisconsin Supreme Court

Decided February 3, 1976No. 640 (1974)Published

1Opinion of the CourtHanley, J.

Three issues are presented on this appeal:

1. Was personal jurisdiction over the appellant lacking because of a failure of notice?

2. Should the receivership have been abated because of pending federal action?

3. Should the receiver be dismissed because of the petitioning creditor’s “bad faith?”

Notice.

De Gelleke contends that notice of the hearing must be given to the candidate for receivership, and that an opportunity to be heard must also be afforded. General law supports this statement. 65 Am. Jur. 2d, Receivers sec. 97 (1972); 75 C. J. S., Receivers sec. 49 (1952). Early case law in…

2Cases cited3 opinions

  1. State ex rel. Fourth National Bank v. JohnsonWisconsin Supreme Court · 1899
  2. Northwestern Iron Co. v. Land & River Improvement Co.Wisconsin Supreme Court · 1896
  3. In re KerstenDistrict Court, E.D. Wisconsin · 1901

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