Thompson v. Tower Manufacturing Co.
Supreme Court of Alabama
Appeal from the City Court of Anniston, in equity. Heard before the Hon. W. F. Johnston. The bill in this case was filed on the 19th April, 1889, by the Tower Manufacturing Company, and other New York creditors of Y. L. Thompson, against him and his mother, Mrs. C. A. Thompson; and sought to set aside, on the ground of fraud, a conveyance of his entire stock of goods by said Y. L. Thompson to his mother, and the appointment of a receiver to take charge of the goods.
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Appeal from the City Court of Anniston, in equity. Heard before the Hon. W. F. Johnston. The bill in this case was filed on the 19th April, 1889, by the Tower Manufacturing Company, and other New York creditors of Y. L. Thompson, against him and his mother, Mrs. C. A. Thompson; and sought to set aside, on the ground of fraud, a conveyance of his entire stock of goods by said Y. L. Thompson to his mother, and the appointment of a receiver to take charge of the goods. The bill alleged that Y. L. Thompson was “legally insolvent,” having no property which could be reached by the ordinary process…
1Opinion of the Court
STONE, C. J. —
In the absence of an averment that Mrs. C. A. Thompson was and is unable to respond to the recovery complainants allege they are entitled to, the order appointing the receiver in this case must be reversed, on the authority of Moritz & Weil v. Miller, Schram & Co., at the present term, ante, p. 336. This order is made without prejudice to the right of the complainants to renew the application, on proper notice and proofs, as they may be advised. It should be a strong case of emergency and peril, well fortified by affidavits, to authorize the appointment of a receiver without…
2Cases cited4 opinions
- Briarfield Iron Works Co. v. FosterSupreme Court of Alabama · 1875
- Hughes v. Hatchett & TrimbleSupreme Court of Alabama · 1876
- Tryon v. FlournoySupreme Court of Alabama · 1885
- Weis v. Goetter, Weil & Co.Supreme Court of Alabama · 1882
3Cited by15 opinions
- Henry v. IdeSupreme Court of Alabama · 1922
- Henderson v. ReynoldsIndiana Supreme Court · 1907
- C. E. Development Company v. KitchensSupreme Court of Alabama · 1972
- Gettinger v. HeaneySupreme Court of Alabama · 1930
- Hayes v. Jasper Land Co.Supreme Court of Alabama · 1906
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