| Volume 200, Volume 4, Page 50 View pdf image (33K) |
 |
|
|
 |
|
|
50 HIGH COURT OF CHANCERY. I am, therefore, of opinion, that the motion for a receiver must be disallowed. [An order was then passed overruling the motion for a re- ceiver. A motion was then made by the defendant to dissolve the injunction granted upon the original bill. Upon the hear- ing of which, the Chancellor delivered the following opinion on the 26th of June, 1848. Proof was also taken prior to the hearing of this motion, the purport of which sufficiently appears in the Chancellor's opinion.] THE CHANCELLOR: After hearing the argument of counsel, the court is about to dispose of the motion to dissolve the injunction heretofore granted in this case. The bill which prayed for an injunction prayed also for the appointment of a receiver, and the propriety of the observation made in the argument, that the injunction should not be con- tinued unless a receiver is appointed, is apparent. The injunc- tion was ordered as a temporary measure to preserve the prop- erty from the waste with which, according to the bill, it was threatened, until the application for the receiver could be heard, and for obvious reasons its continuance must depend upon the fate of this latter application. To allow the injunction to stand without appointing an agent to collect the debts due the part- nership, dispose of its property, pay its obligations and wind up its affairs, would be injurious to the interests of all parties and an abuse of the power of this court. In effect, therefore, this motion involves the question of appointing a receiver and every consideration which could influence the mind of the court upon a motion having that direct object in view must be weighed upon this occasion. The court has already expressed an opinion upon the propriety of appointing a receiver on the bill, answer and exhibit, and that opinion was adverse to the application. And upon a careful re- examination of the reasons which brought me to the conclusion then formed, I have found nothing to make me dissatisfied with |
| |||
|
| ||||
|
| ||||
Please view image to verify text. To report an error, please contact us.
Reports of Cases in the High Court of Chancery of Maryland 1846-1854
| Volume 200, Volume 4, Page 50 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.
Maryland State Archives