R. H. Battle v. . S.W. Davis
Supreme Court of North Carolina
This was a civil action tried at a Special Term, Jan., 1872, of Wake Superior Court, before Watts, Judge. The complaint alleges: That the North Carolina Mutual Life Insurance Company was a corporation created, organized and existing under the laws of North Carolina. That the defendant Davis, made his promissory note to.said corporation, by which he promised to pay'the sum of $450.80, in the currency of the United States.
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This was a civil action tried at a Special Term, Jan., 1872, of Wake Superior Court, before Watts, Judge. The complaint alleges: That the North Carolina Mutual Life Insurance Company was a corporation created, organized and existing under the laws of North Carolina. That the defendant Davis, made his promissory note to.said corporation, by which he promised to pay'the sum of $450.80, in the currency of the United States. That in a certain suit, in the Circuit Court of the United States, for the District of North Carolina, in which Sansom and others were complainants and the N. C. M. L. I. Co.…
1Opinion of the CourtDick, J.
A Court of Equity has the power of appointing a receiver for the purpose of protecting and securing property which is the subject of litigation. A receiver is an officer of the Court., and his possession of property is the possession of the Court. The Court has control over the parties to a suit and can order them to deliver property in controversy to its officer, and it they fail or refuse to obey sueb order they may be proceeded against by process of contempt.
If the property in controversy is in the possession of a third person who claims the right of possession, the plaintiff may make him…
2Cases cited2 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- Attorney General v. Life & Fire InsuranceNew York Court of Chancery · 1833
3Cited by17 opinions
- Davis v. Industrial Manufacturing Co.Supreme Court of North Carolina · 1894
- Ledbetter v. Farmers Bank & Trust Co.Court of Appeals for the Fourth Circuit · 1944
- State ex rel. Elberta Peach & Land Co. v. Chicago Bonding & Surety Co.Supreme Court of Missouri · 1919
- Wilson v. WelchMassachusetts Supreme Judicial Court · 1892
- Fort Payne Coal & Iron Co. v. WebsterMassachusetts Supreme Judicial Court · 1895
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