Maxwell v. Peters Shoe Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the Peters Shoe Company, a corporation, on behalf of itself and other creditors, against J. K. Maxwell and John E. Maxwell,composing the firm of J. K. Maxwell & Co., Mary A. Maxwell, and others, to reach property alleged to have been fraudulently conveyed by the debtors, J. K. Maxwell & Co.; audit prayed the appointment of a'receiver for said property.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the Peters Shoe Company, a corporation, on behalf of itself and other creditors, against J. K. Maxwell and John E. Maxwell,composing the firm of J. K. Maxwell & Co., Mary A. Maxwell, and others, to reach property alleged to have been fraudulently conveyed by the debtors, J. K. Maxwell & Co.; audit prayed the appointment of a'receiver for said property. The defendants appeal from an order appointing a receiver without notice.
1Opinion of the CourtColeman, J.
The appeal is prosecuted from an order of the court appointing a receiver without notice. After the order appointing the receiver had been entered, but before talcing the appeal, the respondent, appellants here, submitted several motions to the court, which were ruled upon, but these rulings are not involved in this appeal. It may facilitate the further prosecution of the cause to state a general principle of pleading, raised by the motion of respondents to strike complainants’ bill from the docket and file. A creditor’s bill filed to reach property fraudulently conveyed by a debtor, in the…
2Cases cited1 opinion
- Hall v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1894
3Cited by3 opinions
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Pollard v. Southern Fertilizer Co.Supreme Court of Alabama · 1898
- Gilreath v. Union Bank & Trust Co.Supreme Court of Alabama · 1898