Kelly v. . McLamb
Supreme Court of North Carolina
Appeal by defendant from Bond, J., at the February Term, 1921, of SAMPSON. This action was brought to adjust certain liens of creditors on the property of their debtor, E. C. McLamb. It will give a clear idea of the case to set forth the allegations of the amended complaint, supplemented by certain facts not definitely stated therein.
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Appeal by defendant from Bond, J., at the February Term, 1921, of SAMPSON. This action was brought to adjust certain liens of creditors on the property of their debtor, E. C. McLamb. It will give a clear idea of the case to set forth the allegations of the amended complaint, supplemented by certain facts not definitely stated therein. The complaint is as follows: “The plaintiff, Walter D. Kelley, under leave of court first had and obtained, for his amended complaint and petition in the cause, alleges : “1. He does hereby reiterate and reaffirm each and every allegation contained in his former…
1Opinion of the Court
Waleer, J.,
after stating tbe material facts: This, it seems to us, was a typical case for tbe appointment of a receiver and tbe order of Judge Connor was eminently proper, and there appears to have been no serious objection to it, if any at all. We have held tbat a receiver will be appointed before judgment where plaintiff shows imminent danger of loss by defendant’s insolvency (Bank v. Bridgers, 114 N. C., 381; Mahoney v. Stewart, 123 N. C., 106), or where there is reason to apprehend that the subject of the controversy will be destroyed, or removed, or otherwise disposed of by defendant…
2Cases cited10 opinions
- Verplanck v. Mercantile InsuranceNew York Court of Chancery · 1831
- French v. GiffordSupreme Court of Iowa · 1871
- Rousseau v. . CallSupreme Court of North Carolina · 1915
- Holshouser v. . Copper Co.Supreme Court of North Carolina · 1905
- Forsaith MacHine Co. v. Hope Mills Lumber Co.Supreme Court of North Carolina · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Manufacturers & Jobbers Finance Corp. v. LaneSupreme Court of North Carolina · 1942
- Bank of Pinehurst v. Mid-Pines Country Club, Inc.Supreme Court of North Carolina · 1935
- Little v. SheetsSupreme Court of North Carolina · 1954
- Lowder v. All Star Mills, Inc.Court of Appeals of North Carolina · 1987
4 more not listed; retrieve them via the Exa API.