Download pdf United States Circuit Courts of Appeals Reports Volume 71
Download pdf United States Circuit Courts of Appeals Reports Volume 71
United States Circuit Courts of Appeals Reports Volume 71.cBooks Group
---------------------------------------------------------------
Author: Books Group
Number of Pages: 428 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235896781
File Name: United.States.Circuit.Courts.of.Appeals.Reports.Volume.71.pdf
Download Link: United States Circuit Courts of Appeals Reports Volume 71
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...for the appointment of receivers. The statutes of New York authorize the appointments of receivers of corporations in cases of insolvency, but there is no statute authorizing the appointment by any court of a receiver of the propert of an individual merely upon the ground of his insolvency. Tihe appointment in the present case was doubtless made pursuant to section 713 of the Code of Civil Procedure, which authorizes the appointment of a receiver of "the property which is the subject of the action," upon the application of a party who establishes an "apparent right to or interest in the property, where it is in the possession of an adverse party," and when its custody by a receiver becomes expedient. - Inasmuch as in the present case the receiver was not appointed upon the application of Spalding, it is immaterial whether Spalding was at the time insolvent. It is also immaterial that the plaintifi' in the action may have alleged as one of the evidential facts of fraud that Spalding was insolvent. It suffices that the court in exercising its authority did not purport to do so upon that ground, and that the order appointing the receiver and reciting the rounds for the action of the court is conclusive to the contrary. gI'he receiver was appointed because the court found that Spalding had disposed and was threatening to dispose of his property with intent to defraud the plaintiff in the action and other creditors, and assigned this as the only ground for its action in putting a receiver in charge of his property. If the court had merely appointed a receiver, without reciting the grounds of its judgment, the record could have been referred to, or the grounds shown by evidence aliunde. Russell v. Place, 94 U. S. 608, 24 L...
Read online United States Circuit Courts of Appeals Reports Volume 71 Buy United States Circuit Courts of Appeals Reports Volume 71 Download United States Circuit Courts of Appeals Reports Volume 71 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook United States Circuit Courts of Appeals Reports Volume 71
United States Circuit Courts of Appeals Reports Volume 71.cBooks Group
Author: Books Group
Number of Pages: 428 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781235896781
File Name: United.States.Circuit.Courts.of.Appeals.Reports.Volume.71.pdf
Download Link: United States Circuit Courts of Appeals Reports Volume 71
---------------------------------------------------------------
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...for the appointment of receivers. The statutes of New York authorize the appointments of receivers of corporations in cases of insolvency, but there is no statute authorizing the appointment by any court of a receiver of the propert of an individual merely upon the ground of his insolvency. Tihe appointment in the present case was doubtless made pursuant to section 713 of the Code of Civil Procedure, which authorizes the appointment of a receiver of "the property which is the subject of the action," upon the application of a party who establishes an "apparent right to or interest in the property, where it is in the possession of an adverse party," and when its custody by a receiver becomes expedient. - Inasmuch as in the present case the receiver was not appointed upon the application of Spalding, it is immaterial whether Spalding was at the time insolvent. It is also immaterial that the plaintifi' in the action may have alleged as one of the evidential facts of fraud that Spalding was insolvent. It suffices that the court in exercising its authority did not purport to do so upon that ground, and that the order appointing the receiver and reciting the rounds for the action of the court is conclusive to the contrary. gI'he receiver was appointed because the court found that Spalding had disposed and was threatening to dispose of his property with intent to defraud the plaintiff in the action and other creditors, and assigned this as the only ground for its action in putting a receiver in charge of his property. If the court had merely appointed a receiver, without reciting the grounds of its judgment, the record could have been referred to, or the grounds shown by evidence aliunde. Russell v. Place, 94 U. S. 608, 24 L...
Read online United States Circuit Courts of Appeals Reports Volume 71 Buy United States Circuit Courts of Appeals Reports Volume 71 Download United States Circuit Courts of Appeals Reports Volume 71 for pc, mac, kindle, readers Download to iPad/iPhone/iOS, B&N nook United States Circuit Courts of Appeals Reports Volume 71