Legal Opinion

In re Premier Cycle Manufacturing Co.

Supreme Court of Connecticut

Decided March 24, 1898PublishedCited by 5 opinions

Application- for the removal of the receiver of the Premier Cycle Manufacturing Company, made to the Son. George W. Wheeler, a judge of the Superior Court, in vacation, in a case pending in that court for Fairfield County; facts found and judgment rendered in favor of the applicants, and appeal by the receiver in his representative and individual capacity, for alleged errors in the rulings of the court.

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Application- for the removal of the receiver of the Premier Cycle Manufacturing Company, made to the Son. George W. Wheeler, a judge of the Superior Court, in vacation, in a case pending in that court for Fairfield County; facts found and judgment rendered in favor of the applicants, and appeal by the receiver in his representative and individual capacity, for alleged errors in the rulings of the court. The order of removal was as follows: “ Ordered, that John C. Cassidy be forthwith removed from the position of receiver of the Premier Cycle Mfg. Co., and that he forthwith turn over to his…

1Opinion of the CourtBaldwin, J.

A receiver, under our statutes, is subject to removal at any time, at the pleasure of the court. General Statutes, § 1319. When it is not actually in session, any judge of the Superior Court, should the exigencies of the case require it, may also remove him, after due notice given. Public Acts of 1895, p. 499, Chap. 108.

Due notice was given to the appellant of a petition for his removal. Five days was ample time for the preparation of his defense. It is assigned for error that the order did not direct notice to be given to the parties to the action. This should have been directed as to both…

2Cases cited7 opinions

  1. Norwalk Street Railway Company's AppealSupreme Court of Connecticut · 1897
  2. Hinckley v. Gilman, Clinton, & Springfield RailroadSupreme Court of the United States · 1877
  3. Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England RailroadSupreme Court of Connecticut · 1897
  4. In re the Estate of ColvinHigh Court of Chancery of Maryland · 1851
  5. Kashman v. ParsonsSupreme Court of Connecticut · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Waterbury Trust Co. v. PorterSupreme Court of Connecticut · 1944
  2. New Haven Water Co. v. RussellSupreme Court of Connecticut · 1912
  3. Michel v. McKennaWisconsin Supreme Court · 1929
  4. Smith v. Goodeagle Refining Co.Supreme Court of Kansas · 1919
  5. Twin Cities National Bank v. Anderson Co.Supreme Court of Minnesota · 1923

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