Barber Bros. v. Manier & Co.
Mississippi Supreme Court
From the chancery court of Lauderdale county. Hon. Sylvanus Evans, Chancellor. On Sunday, December 27,1891, the appellees presented to the chancellor, in vacation, a creditor’s bill against appellants, seeking to set aside as fraudulent certain conveyances, and to subject certain property to their debts. The bill prayed for the appointment of a receiver, and averred that an immediate appointment was necessary.
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From the chancery court of Lauderdale county. Hon. Sylvanus Evans, Chancellor. On Sunday, December 27,1891, the appellees presented to the chancellor, in vacation, a creditor’s bill against appellants, seeking to set aside as fraudulent certain conveyances, and to subject certain property to their debts. The bill prayed for the appointment of a receiver, and averred that an immediate appointment was necessary. On presentation of the bill, in advance of filing the same, and without any notice to defendants, an order was made for the appointment of a receiver. On the next day the bill was filed…
1Opinion of the CourtCooper, J.
The chancellor erred in making the order for the appointment of a receiver. The order was made on Sunday, without notice, and before the complainants had commenced their suit by filing their bill in court. There was no pending suit when the order was made. Hardy v. McClelland, 53 Miss., 507; Pressley v. Harrison, 102 Ind., 14; Beach on Receivers, § 117.
Decree reversed and cause remanded.
2Cases cited2 opinions
- Pressley v. HarrisonIndiana Supreme Court · 1885
- Hardy v. McClellanMississippi Supreme Court · 1876
3Cited by1 opinion
- McRae v. Ashland Plantation Co.Mississippi Supreme Court · 1940