A Treatise on the Law and Procedure of Receivers: With Forms; Being a Greatly Enl., Newly Classified, and Entirely Rewritten 2d Ed. of Smith on Receivers, 1권

Henry Gabriel Tardy

Bender-Moss Company, 1920 - 2307페이지

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ORIGIN AND GENERAL NATURE OF THE LAW OF RECEIVERS AND ITS GROWTH 1 General Origin of Receiverships	1

Receiver Defined	2

Different Kinds of Receivers	3

Receivership as Distinguished from Other Remedies	4

Necessity to Resort to the Code Provisions of Each State	5

GENERAL GROUNDS AND CIRCUMSTANCES RECEIVER IS APPOINTED 6 General Principles Applicable IN WHICH	6

General Class of Cases in Which a Receiver Is Appointed	7

Applicability of General Rules of Equity	8

Rights of General Creditors	602

Rights of Creditors to Participate in General Funds	603

Rank of Stockholders in Distribution of Corporate Property	604

Stockholders and Officers of Corporation Participating	605

Creditors as 606 Right of Original Owner to Create Lien on Residue After Pay ment of Receivership Claims	606

Necessity for an Accounting	607

Power of Court to Require an Accounting by Legal Represent atives of Receiver	608

Form of the Account	609

Necessity for Danger of an Irreparable Injury	9

Caution and Discretion to Be Exercised by Courts	10

Character of Title to Be Shown by Plaintiff	11

Receivership Where Recovery Is Doubtful	12

Whether Existence of Property Must Be Shown	13

Necessity for Pendency of a Suit	50

Right of Court to Refuse Appointment on Condition of Defendant Furnishing a Bond	55

Effect Where an Injunction Would Serve Same Purpose	57

Insolvency as a Ground for Receivership	58

What Constitutes a Bar to Relief by Receivership 19 Right of Court to Exact Security for Receivership Expenses	61

Appointment of Receiver with Consent of Parties	63

Effect of Statutory Provisions on the Subject	67

Effect of Combining Legal and Equitable Powers in One Court 23 Appointment of Receiver by Executive Officers	79

Right to Appoint Receiver Without Resorting to a Court	80

Effect of Defendant Offering to Furnish Security to Protect Plaintiff	82

GENERAL EFFECT OF THE APPOINTMENT OF A RECEIVER AND THE DUTIES THEREUNDER 26 Status of the Receiver Respecting Receive...	84

Receiver in Lieu of Executor Conditioned on Failure of Executor to File Security Bond	89

Consent or Acquiescence in the Appointment	90

Right of Surety to Have Receiver Appointed	91

Rights of Personal Receiver of Administrator	92

Effect of Receivership Over Testator at Time of His Death	93

Receivership Where the Administration Is of Property Claimed by Third Persons	94

Receivership Over Foreign Executor or Estate	95

Relation of the Receiver to Pending Litigation	96

Receivership Upon Death or Departure from Jurisdiction of Executor or Administrator	97

Powers of a Receiver Over an Estate	98

Relation of the Receiver to Garnishments Attachments and Other Liens	99

Subsequent Receiver Upon Death of the Receiver of the Estate	100

Receivership Over Escheated Property	101

Effect of Judgments on the Receivership	109

Right Obtained by Levy of Writ of Execution	119

Necessity for a Showing of Danger of Loss	121

Effect Where Plaintiff Partner Is in Possession	122

Effect of Insolvency of Defendant Partner	123

Over What Property a Partnership Receiver Will Be Appointed	124

Receivership in Case of NonResident Partners	125

Receivership Over Limited or Special Partnerships	126

Time of Vesting of Possession of Receiver	127

Effect of the Existence of the Partnership Being Denied	128

General Rule as to Breach of Duties and Obligations	129

Dissensions and Quarrels Between the Partners	130

Mismanagement and Misappropriation as Ground	131

Receivership Where Fraudulent Acts Are Alleged	132

Receivership Where One Partner Is Excluded from the Business	133

Exclusion by Claims of Individual Ownership	134

General Rules Respecting Termination of the Partnership	135

Effect of Death of One Copartner as Ground for Receiver	136

Agreements Made with the Deceased or His Representatives Respecting the Business	137

Effect Where All of the Partners Are Dead	138

Receivership on Behalf of Heirs or Legatees of Deceased Partner	139

Effect of Insanity of One Partner	140

Effect of Receiver Being Required to Furnish Bond 33 Effect of Order of Appointment Being Stayed	141

General Rule as to Liability of Receiver on Contracts of Defendant	142

Acceptance of Assignment by Remaining Partners and Assump tion of Liability	143

Partnerships Determinable at Will	144

General Notice of the Dissolution Proceedings	145

Receivership Before Actual Dissolution of Partnership	146

Receivership in Case of Insolvency of the Partnership	147

Receivership Where the Dissolution Has Occurre	148

Receivership Where the Partners Have Agreed to the Method	149

Performance by Receiver of Executory Contracts	154

Nature of Pleading and Notice Necessary	155

Effect of Receiver Adopting Prior Contracts	156

Effect of Allegations of Complaint Being Fully Denied	157

Right of Creditors to Intervene in Partnership Litigations	158

Determination of Disputed Questions of Fact by Jury	159

What Will Be Determined in the Order of Appointment	160

How the Partnership Property Is Described in the Order	161

Furnishing of Bond by the Receiver	162

Denial of Application for Receiver as Bar to Subsequent Appli cation	163

Conditional Sales Consignments and Purchases with Knowledge of Insolvency	164

Venue of the Suit to Appoint a Receiver	165

General Effect of the Appointment	166

General Powers and Duties of the Receiver	167

Duties of the Receiver Respecting the Collection of the Partner	168

General Liability of Receiver on His Own Contracts	169

Binding Force of Contracts of One Receiver on His Successor	172

Effect of Order of Appointment as Res Judicata	178

Effect of Property to Be Partitioned Being Used in Partnership Capacity	187

Effect of Insolvency of Tenant in Possession	188

Source and Extent of the Possessory Rights of a Receiver 42 Manner of Determining Extent of a Receivers Powers	193

General Duties and Care Required of a Receiver	197

Liability of Receiver for Funds on Deposit in Bank	201

Right of Receiver to Borrow Money	202

Right of Receiver to Loan Receivership Funds	205

Liability of Receiver for Interest on Funds	206

Liability of Receiver for Violations of His Trust	208

Duty of Receiver Not to Profit from Receivership Transactions	210

Duty of Employees and Others in Intimate Control 51 Liability of Person Improperly Assuming to Act as Receiver	214

Order of Appointment as Protection of Receiver 53 Rights of Claimants to Property in the Possession of Receiver	217

Upon Disagreement Between Vendors Upon Partition Between	218

Them 219 Upon Enforcement of Vendors Lien	219

Receiver Takes Property Subject to Existing Vendors Lien	220

Rights of Receiver Respecting Property in Possession of Claimants	223

Necessity of Order of Court to Pay Money 56 Power of Receivers to Make Settlements and Compromises 57 Appointment of Receiver as Constitutin...	232

General Liability of the Receivership for Torts and Negligence	243

Property Affected by the Receivership	247

Right of Receiver to Make Repairs	250

of Dissolution	252

Expenditures for Supplies Labor and the Like	255

Conducting the Receivership as a Going Business	257

CHAPTER IV	270

General Nature of the Action	273

Eligibility of Parties Owners and Other Interested Parties	274

Eligibility of Attorneys Trustees and the Like	277

Eligibility of Court or Other Officials	279

Effect of Relationship to Judge or Parties	280

Whether Candidate for Receiver May Be a Nonresident	281

Eligibility of Corporation to Act as Receiver 69 Method Used by the Court in Making the Selection	282

CHAPTER V	287

Various circumstances in Which Receiver Appointed in Lieu of Trustee	289

Receivership in Case of Trustee Ex Maleficio	298

Receivership in Case of Trustee Ex Officio	300

Receivership Over Trustees Who Are Charged with Fraud	301

Effect of Appointment of Receiver on the Trust Property	303

Whether Trustees Can Declare Default in Collateral Trust Agree ment After Receivership	308

Whether Receivership Deprives Trustees of Availing Themselves of Their Ordinary Remedies	310

Right of Trustee to Bind His Beneficiaries by His Acts	314

Estates of Decedents	315

General Principles Applicable 81 Receivership Pending Institutions of Probate Proceedings 82 Receivership Pending Will Contest	319

Whether Receivership After Judgment in Will Contest	322

Receivership Where Executor or Administrator Is Charged with Fraud Mismanagement or Waste	323

Effect Where Mismanagement Based on Account Approved by Probate Court	324

Mere Disagreement Between Several Executors as to Manage ment 87 Receivership on Failure to Obey Orders of Court or Directions in Will	329

Effect of Insolvent Character of Executor or Administrator	330

Who May Be Appointed Receiver 4 Estates of Infants 104 General Rule Applicable	352

On Refusal of a Trustee or Executor to Act 106 In Actions on Behalf of Infants to Disaffirm Contracts	354

Who Is Eligible for Appointment	355

Effect of the Appointment and Duties Thereunder	356

When Such a Receiver Will Be Discharged	357

CHAPTER VI	358

In Action by Wife to Establish Her Separate Interest 113 Controversies Arising Out of Marriage Settlements	359

In Matters Affecting Dower and Curtesy	361

Receivers in Actions for Divorce or Maintenance	362

Procedure Requisites to the Appointment	368

What Property May Be Placed Under Receivership	370

CHAPTER VII	372

Statutory Provisions for Appointment	376

Defendant Partner Furnishing a Bond in Lieu of a Receiver	377

390 Issuance of Receivers Certificates	390

Executory Contracts of the Public Utility Itself	391

What Constitutes an Adoption or Rejection of Executory Con tracts	392

Liability Created by Adoption of Executory Contract	393

Liability Created by Rejection of Executory Contract	394

Status of the Public Utility Operative Property	395

Duty of Receiver Respecting Wages of Operating Employees	396

Extent of Protection Given by Court to Receiver in Operating	397

What Constitutes Mortgaged Assets	421

ship Assets	424

Status of Preference as Dependent Upon Estóppel Against Mort	427

Status of the Executory Contracts Belonging to Receivership	433

Receivership on Application of Creditors 150 On Application of Partnership Creditors	439

On Attacking Assignments and Conveyances by the Partnershi	442

Effect Where Partners Procure Receivership to Defraud or Delay Creditors 153 Effect of Appointment of Receiver on Creditors	443

Who May Be Appointed Receiver 151 Eligibility to Be Appointed	445

Right to Remove the Receiver	448

Right of Receiver in Respect to Pledges and Collateral Agree	454

General Relation to Deposits of the Bank	460

Rights of Receiver of Individual Partner	463

Effect of One of the Partners Being Appointed Receiver 171 Suing and Being Sued	464

Binding Force of Previous Orders or Judgments Upon Receiver	465

Receiver Is Bound by Equities Against Partnership	466

Conducting of the Partnership Business by the Receiver	467

Whether the Receiver of a Law Firm May Continue the Practice of the Firm	469

Joint Operation of Two Railroads by Receiver of One of Them Constitutes No Partnership 177 Liability of Receiver for Torts 178 Sale of the Partne...	471

Right to Sell Partnership Assets Outside of State 180 Duty of Receiver to Pay the Debts and Account Therefor 181 Disposition of Earnings and Meet...	473

Vacation of the Appointment	475

CHAPTER VIII	476

Allowance of Priorities	477

CHAPTER IX	478

Effect of Hostile Feelings or Disagreements Between Cotenants 186 Effect of Ouster or Refusal to Account for Profits	481

Right of Setoff by Stockholders	483

Effect Where Party in Possession Is Solvent and Offers Indem nification 190 Receivership Where Care of Subject Matter Involves Heavy Expense	485

Effect Where One Party Claims as Tenant by the Curtesy 192 Receiver in Aid of Final Judgment of Partition 193 Partition Proceedings Relative to P...	486

Matters Relating to the Procedure of the Appointment	489

195 Rights and Duties of the Receiver	490

Federal Court Will Assume Constitutionality of State Statute Regarding Insurance Societies	491

Whether a Federal Equity Court May Appoint a Receiver After Preliminary Steps by State Officials Under Statutory System	492

CHAPTER X	493

197 As Between Tenants in Common	494

Discretion of the Court Respecting the Appointment	495

Tenants in Common Using the Property as a Business	496

Actions for the Recovery of Real Property 199 Settlements of Disputes as to Title	497

Who Will Be Appointed Receiver	498

General Statement of Principles Applicable	499

Actions in Ejectment	500

Status of Special Funds of Such Organization on Deposit with Officials	501

Rule in England under Judicature Act 202 Receiver to Collect the Rents and Profits	502

Effect of Appointment of Receiver on Matured Rights Respect ing Policies or Contracts	503

Rights of Borrowing and NonBorrowing Members of Building and Loan Associations	504

Receiver to Gather Crops	505

Suits to Enforce Such Assessments Levied by the Receiver	506

Application of Statutes of Limitation to Suits Upon Assess ments	507

Receiver of Homestead 205 Receiver May Be Appointed at Instance of Defendant 206 Of Rents and Profits Outside of Jurisdiction of Court	508

Receivership Over Annuities	509

Effect of Statutory Provisions Upon Appointment in Ejectment and the Like	510

Receiverships in Litigation Between Vendor and Purchaser	511

Receiverships in Foreclosure Proceedings	512

Receiverships Between Mining Partners	513

Questions Relating to the Procedure	514

Receivership Over Mining Corporations	515

Appointment of Receiver Pending Appeal 211 Effect of Termination of Receivership Upon Real Property Covered by	516

Whether the Appointment of Receiver Prevents Running of Statute of Limitations 213 On Breach of Covenants	517

Receiverships in Actions Between Vendors and Purchasers 214 In Suits to Set Aside Conveyances on Ground of Fraud	518

As Between Vendor and Purchaser in General	520

Effect Where Insolvency of Purchaser Alleged	522

Receivership in Suits for Specific Performance	528

Receivership in Aid of Judicial Sales	530

Receivership Over the Rents and Profits	531

The Rule as Applied to Personal Property	534

Equitable Lien for Purchase of Personalty	535

Receivership at Instance of Landlord or Tenant 226 Circumstances in Which Receiver Appointed	536

Receivership Over Growing Crops	537

Combined Lease and Sale Contract 229 Deed of Trust to Secure Advances to Tenant 230 Breach of Covenants of Lease	538

Status of Receiver of Landlord in Relation to the Property 232 Receivership Determined Upon Conditions at Time of Appli cation 233 Duration of t...	539

Receiverships Affecting Leases 234 Receivers to Collect Rent	540

Receiver of a Lessee	541

The General Rule and Reasons Therefor	542

Whether Rule Applicable to Railroads Is Also Applicable to Other Public Utilities	543

General Purposes for Which Certificates May Be Issued	544

For Purposes of Paying Taxes	545

546 For Funds with Which to Recover Assets by Litigation	546

For Purposes of Preserving Property Outside of Jurisdiction of Receivership Court	547

For Purposes of Paying Labor Material Claims	548

Receiver of a Lessor 237 Receiver as Lessor or Lessee	549

For Purposes of Completing Railroad or Other Improvements	550

For Payment of Interest on Bonds or Other Secured Debts	551

CHAPTER XI	552

Receivers Under Common	553

Effect of Statutory Provisions on the Subject	554

555 Effect of Obtaining Consent of Lien Holders to Issuance of Certificates	555

What Constitutes Purposes of Preservation Sufficient to Support Issuance of Certificates	556

b Receivership on Behalf of First Mortgages in Foreclosure of Equitable Mortgages 240 General Principles Applicable	557

Effect of Peculiar Character of Oil and Mining Properties	558

For What Ordinary Debts Certificates May Be Issued	559

Preservation of the Property as Security as an Essential Ground 242 Indispensable Grounds or Conditions for the Appointment of a Receiver	560

Necessity for Showing Conditions or Grounds Additional to the Indispensable Grounds	561

Necessity of Showing Need of Certificates Before Issuance	562

Necessity for Notice to Lien Holders Affected by Issuance	563

What Constitutes Sufficient Notice to Lien Holders	564

Necessity for a Consideration	565

Necessity for a Valid Order Directing Issuance of Certificates	566

Effect of Void Order of Appointment on Certificates	567

Railroad	568

569 Form and General Contents of the Certificates	569

Successive Issues of Receivers Certificates	570

Effect of Statutory Provisions on the Subject	571

Certificates Requiring Plaintiff to Become Liable for Any Deficiency	572

What Rate of Interest May Be Allowed	573

Effect of Stipulations in the Mortgage	574

Extent and Effect of Priorities Created by Receivers Certifi cates	575

Discretion of the Court	576

Whether Priority of Certificates Exists Over Other Receivership Expenses	577

To What Extent Rights of Certificate Holder May Be Said to Be Vested	578

Right to Sell Certificates Below Par Value	579

Persons Other Than Mortgagor Affected by Receivership	580

Assignability of the Certificates	581

NonNegotiable Instrument Character of the Certificates	582

Extent of Notice Imputed to Holders of Certificates	583

Waiver or Loss of Right to Question Certificates by Reason of Estoppel	584

Effect Where Question of Priority or Validity Arises in a Court Other Than the Receivership	585

How and When Paid	586

Sale of Receivership Property Subject to or Free of Certificates	587

Extent to Which Receivership Property Can Be Sold for Bonds and Effect on Certificates	588

Appointment Before Maturity of the Debt	589

Personal Liability of Receiver in Respect to Sales of Certificates	590

General Duties of Receiver Regarding Claims and Accounting	591

General Statement of the Rules Governing Disposition of Claims	592

Presentation of Claims in Receivership	593

What Constitutes Provable Claims	594

Time for Presentation of Claims Arising Prior to the Receiver ship	595

Time for Presentation of Claims Arising During the Receiver	596

ship 597 Allowance of Setoffs	597

Allowance of Interest on Claims	598

General Statement of the Matter	599

Right of a Junior Mortgagee as Against a Senior Mortgagee	600

Claims Against the Receiver	601

Objections to the Account	610

Duty of the Receivership Court to Pass on the Receivers Account	611

General Receivership Over the Affairs of Insolvent Creditor	612

Surcharging the Receivers Account	613

How and Where Surcharges Are to Be Determined	614

615 General Right of Receiver to Compensation	615

Effect Where Receivership Fund Insufficient to Pay Compen	616

Allowance of Disbursements	617

Common Law View	618

When to Be PaidRight of Court to Award Partial Allowances on Account	619

Amount of Receivers Fee Largely a Matter of Discretion	620

Controlling Elements in Fixing the Receivers Compensation	621

Statutory Regulations of Receivers Fees	622

Fees by Agreement with Parties to Litigation	623

Amount Allowed to Receiver Is Necessarily Variable	624

Property Affected by Receivership	625

Loss or Forfeiture of Fees or NonPayment by Reason of Receiver Being a Litigant	626

Fees of Receivers in Case of Void or Wrongful Receiverships	627

Right of Attorney for Receiver to Compensation	628

Status of the Attorneys Compensation in Receivership	629

Necessity for Authorization of Court to Employ an Attorney	630

Selection of Attorney for Receiver	631

Receivership Affecting Pledges	632

Right of Attorney Acting in Official Capacity to Be Paid Fees Out of Estate	633

Control of Receivership Court Over Allowance of the Fees to Attorney	634

Rule of Attorneys Liens on Judgment Not Applicable to Attor ney for Receiver	635

Fixing Amount of Attorneys Compensation and Principles Applicable	636

Effect Where Appointment of Receiver Is Held Void or Set Aside for Error	637

Particular Amounts and How Paid	638

Compensation of Attorneys Other Than Attorney for Receiver	639

General Nature of the Sale	640

Necessity for and Scope of Order of the Sale	641

Receiverships on Foreclosure of Mechanics Liens	642

General Manner of Conducting the Sale	643

What Property May Be Sold Under the Order of Court	644

Inclusion of Good Will and Trade in Sale	645

What Is Included in Corporate Assets	646

Effect Where Receiver Sells the Property Retaining a Secret Personal Trust Therein	647

CHAPTER XII	648

Application of the Doctrine of Caveat Emptor and Nature of Title Passing	649

Receiver or His Business Associates as Purchaser	650

Stockholders or Officers of Receivership Corporation as Pur chasers	651

General Necessity for Confirmation	652

Extent and Scope of Confirmation	653

Effect of Inadequate Price on Motion to Confirm	654

Effect of Defective Title on Motion to Confirm	655

Effect of Misrepresentations by Receiver on Motion to Confirm	656

Proceedings to Compel Purchaser to Complete Sale	657

Proceedings to Set Sale Aside	658

Nature of the Action	659

Effect Where the Receivers Sale Is Void	660

Estoppel to Object to Sale or Its Effects	661

When and How Price to Be Paid	662

Effect of Rescission by Receiver	663

General Rules Regarding Sales of Public Utility Properties	664

Returning the Property to Owners	665

Power of Court Over Terms and Conditions of Sale	666

Property Affected by the Receivership	667

What Passes at the Sale	668

Rights and Obligations of the Purchaser at the Sale	669

Confirmation or Setting Aside of the Sale	670

Attitude of the Receivership Court to Reorganization Plans	671

General Plans of Reorganization Available	672

Conditions for Appointment of Receiver	673

Relation of State Railroad Commissions to Reorganizations	674

Expenses of the Reorganization	675

Application of Reorganization Plans to Private Corporations	676

Reorganization of Corporation Which Has Become Prosperous While in ReceivershipExtent of Court Control	677

General Rule Concerning the Taxation of Property Under a Receivership	678

Distinction Between Taxation of Personal Property and Realty	679

Powers of Receiver in Supplementary Proceedings	680

Franchise Taxes Where Receiver Does Not Conduct the Busi ness of the Corporation	681

Franchise Tax Where Receiver Conducts the Business	682

Franchise Taxes as a Charge Against a Foreign Receiver	683

Liability of Receiver for Gross Earnings	684

Liability for Income Taxes	685

Receivership in Respect to Bulk Sales	686

Receivership Courts Control of Payment of Taxes and Enforce ment of Lien	687

Effect of Taxes on Receivership Sales	688

Appointment of a Receiver to Collect or Pay Taxes CHAPTER XXIV	689

General Scope and Character of the Jurisdiction	690

How the Jurisdiction Is Ascertained	691

General Nature of Receivership of Corporations	692

General Powers of Courts of Coordinate Jurisdiction	693

Effect Where Two Receivers Appointed on Same Day by Different Courts	694

Jurisdiction of Particular Courts to Appoint Receivers	695

Jurisdiction of Appellate Courts to Appoint Receivers 2 Receivership Jurisdiction of the Federal Courts	696

Equity Jurisdiction of Federal Courts in Receiverships	697

Jurisdiction as Dependent Upon Judicial District	698

Discretion of Court in Making the Appointment	699

700 Right of Federal Receiver to Sue in State Court in the Federal District	700

Right of Federal Court to Proceed Under State Statutes	701

General Rule of Priority of Jurisdiction in Receiverships	702

Status of Federal Receiver as Against Receivership by State	703

Cout	704

Inherent Jurisdiction of Courts of Equity to Appoint	705

Litigation in State Court Relative to Matters Not Interfering with Federal Receivership	706

Litigation in State Court Relative to Matters Interfering with Federal Receivership	707

Litigation in Federal Court Relative to Matters Not Interfering with State Receivership	708

Litigation in Federal Court Relative to Matters Interfering with State Receivership	709

Ouster of Receivership by Bankruptcy Proceedings	710

Necessity for Existence of an Independent Cause of Action	711

Extent of Power of Receivership Court Over Property Outside of Jurisdiction	712

ExtraTerritorial Jurisdiction by Comity	713

ExtraTerritorial Jurisdiction by Reason of Legal Title	714

715 ExtraTerritorial Jurisdiction Where Receiver Enters It with Receivership Property	715

ExtraTerritorial Jurisdiction by Means of Ancillary Receiver ships	716

Scope of Chapter on Procedure	717

Inability to Attain the Business Purposes of the Corporation	718

Effect of Statutory Requirements	719

Necessity for Existence of Pending Suit	720

Discretionary Nature of the Power of Appointment	721

Venue of the Receivership Action	722

Parties to the Receivership Action	723

Allowing Parties to Intervene in the Receivership	724

Nature and Contents of Complaint or Bill in Receivership Action	725

Necessity for Prayer and Verification	726

Defensive Pleadings or Waiver Thereof by Default or Consent	727

Insolvency as a Ground for the Appointment	728

Whether Plaintiff Can Agree to Withhold Filing of Receiver ship Suit for a Consideration	729

Necessity for Notice of Application for a Receiver	730

Rule in Regard to Ex Parte Appointments in Cases of Emer gency	731

Effect of Statutory Provisions on Ex Parte Appointments	732

Character of Showing Necessary for Ex Parte Appointment	733

Waiver of Notice by Appearance or Otherwise	734

Questions Preliminary to or Relative to the Appointment 735 By Whom the Application Is Made	735

At What Stage of the Suit a Receiver May Be Appointed	736

Disqualification of Judge to Preside in Receivership Case	737

Appointment of Corporation Receiver Under Statutory	738

Abatement of Action and Receivership on Account of Alien Enemy Litigants	739

The Order Appointing Receiver and Its Effect	740

Interlocutory Proceedings in the Receivership	741

Removal of Main Cause of Action	742

Removal of Suit by or Against a Receiver	743

744 General Nature of Such Suits and Right to Maintain Them	744

What Receiver Must Show in Order to Maintain Suit	745

Court in Which Receiver May Be Sued	746

747 General Necessity for Leave to	747

Nature of Leave to Sue as to Whether Jurisdictional or	748

Statutes Bearing on Right to Sue Receiver	749

Effect of Suit Without Leave to	750

Waiver of Objection to Suit Without Leave	751

General Discussion of the Subject	752

753 Proceedings to Obtain Leave to	753

Discretionary Power of Court in Granting Leave to	754

Revocation of Leave to	755

In Whose Name Receiver Should	756

Parties to Suit by or Against Receiver	757

Constitutionality of Receivership Statutes	758

759 Pleading Cause of Action	759

Issuance and Service of Process	760

Interlocutory and Trial Proceedings	761

The Judgment Rendered in Such Cases	762

Necessity for Furnishing of Bond on Appointment of Receiver	763

Formal Matters Relating to the Execution and Filing of the Bond	764

Liability on Plaintiffs Bond Preliminary to Appointment	765

Duration of Liability on Receivers Bond	766

General Liability on Receivers Bond	767

Manner of Enforcing Receivers Bond	768

Application of Statutes of Limitation	769

Effect of Statutes Providing for Dissolution Proceedings	770

Personal Liability of Receiver	771

Liability Upon Bond Given in Lieu of Appointment of Receiver	772

Interference with Possession of Receiver	773

Civil and Criminal Contempt Distinguished	774

Criminal Contempt in Receivership Cases	775

Civil Contempt in Receivership Cases	776

Perjury as the Basis for Punishment of Contempt	777

Contempt on Part of the Receiver	778

Collateral Attack in Contempt Proceedings on Orders Made in Receivership Cases	779

When Liquidating Trustees Are Favored Rather Than Liquidat	780

Distinguishment Between Removal and Discharge	782

Removal of the Receiver	783

Appointment of Successor on Vacation or Resignation	784

Effect of Removal on Claims Against the Receiver Personally 1 Termination of Receivership by Vacation of Order Appointing Receiver	785

Vacation of Order of Appointment by Appointing Court	786

Termination by a Court Other Than the Appointing Court	787

Receivership on Account of Corporation Maintaining	788

Effect of the Order Vacating Receivership as a Discharge of the Receiver	789

General Rule as to Duration of the Receivership	790

Release by Bond Furnished by Defendant	791

Return of Property to Owner as Termination	792

Adjustment of Obligations Existing at Time of Return of Property	793

Termination by Dismissal of Suit	794

795 Technical Discharge of the Receiver	795

Termination of Receivership by Federal Bankruptcy Proceedings	796

Right of Receiver of Corporation Injured by Violation of Anti	797

Scope of Chapter and General Rules Applicable to Appeals	798

Appealability as Dependent Upon Finality and Judicial Char acter of Order	799

Right to Appeal from Orders Appointing or Refusing to Appoint Receivers	800

General Right of Receiver to Appeal	801

Right to Appeal from Order Discharging or Removing Receiver or Refusing to Do	802

Circumstances When Receiver Appointed Under State Anti	803

Right to Appeal from General Administrative Orders	804

Right to Appeal from Order Issuing Receivers Certificates	805

Right to Appeal from Orders Respecting Sales of Receivership Property	806

Right to Appeal from Orders Allowing Compensation of Receiver or His Attorney	807

Right to Appeal from Orders Respecting Accounts of Receiver	808

Proceedings Transferring Cause to Appellate Court and Effect Thereof 809 Parties to the Appeal	809

Court to Which Appeal Should Be Taken	810

Ancillary Corporation Receiver of Foreign Corporations	811

Appeal and Supersedeas Bonds	812

Record on Appeal	813

Necessity for Objection or Exception in Lower Court	814

Assignments of Error in Appellate Court	815

Reviewability as Dependent upon Nature of Appeal or Condi tion of Record	816

Effect of Estoppels and Harmless Error on Review	817

Presumptions on Appeal	818

When Receivership in Ancillary Jurisdiction May Be Considered	819

Rehearing by Appellate Court	820

Effect of Decision of Appellate Court	821

Appointment of Receiver by Appellate Court Pending Appeal	822

Effect of Appeal on Action by Court Below	823

Appointment of Receiver by Lower Court Pending Appeal	824

Review by Certiorari or Mandamus	825

Review by Writ of Prohibition	826

Exclusive Character of Jurisdiction of Primary Receivership	827

Complaint in Federal Court for Receiver of Insolvent Corpora tion	828

Creditors Bill Seeking Appointment of Receiver	829

Stipulation of Parties for Appointment of Receiver	830

Answers Admitting or Denying Necessity for Receiver	831

Notice of Motion for Appointment of Receiver	832

Order to Show Cause Why Receiver Should Not Be Appointed	833

Order Appointing a Receiver	834

Order of Appointment Directing Operation of Business	835

Order for Receiver De Bonis	836

Order Appointing NonResident Receiver	837

Order Substituting New Receiver	838

Order Granting Receiver Leave to	839

Effect Where Receivership Does Not Involve All of the Corpo	840

Order Granting Petition to Sue Directors and Stockholders for Unpaid Stock	841

Petition by Receiver for His Discharge	842

Order Discharging Receiver	843

Order Removing Receiver	844

Order Turning Receivership Property Over to Bankruptcy Court	845

General Rules Respecting Maintenance of Litigation by	847

Relation of Directors and Officers of the Corporation to	854

A In General	865

Compellizg Officers of Corporation to Testify Regarding Assets	872

Extent to Which Receiver Is Affected by Right of Corporation	878

Actions Against Stockholders for Unpaid Subscriptions	884

Matters Relating to the Procedure of Such Actions	905

Actions on Behalf of Creditors to Recover Corporate Property	915

Action to Recover Illegal Transfers of Property or Dividends	922

General Defenses to Actions by Receiver on Behalf of Corporate	940

Duty of Receiver Towards Contracts of Corporation	949

Position of Receiver Toward Leases of the Corporation	956

Right of Receiver to Employ and Discharge Employees Con	962

Creditor of Foreign State Suing Corporation Under Receiver	988

CHAPTER XIV	1000

Receiverships for Purposes Common to Individuals and Ordinary	1011

Receiverships in Cases of Violation of AntiTrust	1022

Who Will Be Selected as Receiver	1030

Whether Receivers Should Continue Operations When Done	1037

General Attitude of Receivership Toward Large Financial Trans	1048

sation	1076

Adjustment of Labor Grievances by the Court Itself	1084

Right of Employees to Quit Employment 400 Right of Employees to Organize and Extent of Their Right to Strike	1089

Right of Strikers to Reinstatement by Receivers 402 Right of Receiver to Recover Treble Damages Under AntiTrust Act Against Unincorporated Lab...	1096

Amenability of Public Utility Receivers to Governmental 403 General Statement Control	1103

Amenability of Federal Receivers to State Laws and Regula tions	1104

Amenability of Receivers to the Authority of Public Service Commissions	1108

Amenability of Receivers to the Remedial Laws of Civil or Penal Character	1117

Liability of the Receivership Estate for Injuries Due 407 General Statement Negligence	1120

Liability of the Company	1121

Liability of the Receiver	1127

Liability of the Purchaser at a Receivership Sale 411 Liability of the Company if the Property Is Returned	1134

Presentation and Allowance of Claims and Their Priorities 412 General Rules Governing Presentation and Allowance	1139

General Liability of Receivership for Preferred Claims	1143

General Rule as to What Constitutes a Preferred Claim	1148

Characteristics and Qualities Essential to Preferentiality	1151

The Consideration as an Essential Characteristic	1157

The Source of Payment as an Essential Characteristic	1160

Time of Accrual of Claim as an Essential Condition to Its Pref erenceThe Six Months Rule	1163

Funds to Which Preferred Claims Attach	1166

Unmortgaged Assets Including Current Income Not Covered by Mortgage as a Payment Fund	1167

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제목	A Treatise on the Law and Procedure of Receivers: With Forms; Being a Greatly Enl., Newly Classified, and Entirely Rewritten 2d Ed. of Smith on Receivers, 1권 1권/A TREATISE ON THE LAW AND PROCEDURE OF RECEIVERS, WITH FORMS, HENRY GABRIEL TARDY A Treatise on the Law and Procedure of Receivers: With Forms; Being a Greatly Enl., Newly Classified, and Entirely Rewritten 2d Ed. of Smith on Receivers, Henry Gabriel Tardy
저자	Henry Gabriel Tardy
에디션	2
발행인	Bender-Moss Company, 1920
길이	2307페이지

서지정보 내보내기	BiBTeX EndNote RefMan

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A Treatise on the Law and Procedure of Receivers: With Forms; Being a Greatly Enl., Newly Classified, and Entirely Rewritten 2d Ed. of Smith on Receivers, 1권

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