Legal Opinion

Assets Realization Co. v. Defrees, Brace & Ritter

Illinois Supreme Court

Decided February 21, 1907PublishedCited by 12 opinions

Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. TuThill, Judge, presiding. In July, 1897, certain stockholders of the Mechanics’ and Traders’ Savings, Loan and Building Association filed a bill of complaint in the circuit court of Cook county asking for the appointment of a receiver and the winding up of the corporation.

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Appeal from the Branch Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; the Hon. R. S. TuThill, Judge, presiding. In July, 1897, certain stockholders of the Mechanics’ and Traders’ Savings, Loan and Building Association filed a bill of complaint in the circuit court of Cook county asking for the appointment of a receiver and the winding up of the corporation. While this bill was pending, on July 31, 1897, the State Auditor of Public Accounts took possession of the assets of the association and placed a custodian • in charge…

1Opinion of the CourtJustice Carter

The main contention of appellant is, that the court was without authority to allow the fees and expenses of appellees on the facts shown by the record, the main points of which are set out in the foregoing statement of the case. It is urged that after the appointment of a receiver by the circuit court on August 13, 1897, which time the court ruled, as a part of its order, that all of the directors and officers and shareholders, their agents and attorneys, were to be restrained and enjoined from in any manner transacting or conducting any business of the association or doing anything by which…

2Cases cited1 opinion

  1. Barnes v. . NewcombNew York Court of Appeals · 1882

3Cited by12 opinions

  1. W. E. Erickson Construction, Inc. v. Congress-Kenilworth Corp.Appellate Court of Illinois · 1985
  2. W. E. Erickson Construction, Inc. v. Congress-Kenilworth Corp.Illinois Supreme Court · 1986
  3. People Ex Rel. Schacht v. MAIN INSUR. CO.Appellate Court of Illinois · 1983
  4. O'Malley v. Continental Life InsuranceSupreme Court of Missouri · 1938
  5. Esarey v. Pierson, Rec.Indiana Court of Appeals · 1923

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