A Treatise On Pleading And Practice in Equity in the Courts of the United States
A Treatise On Pleading And Practice in Equity in the Courts of the United States
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Ry. Co. , 26 Fed. R. 74.
376 RECEIVERS. [CHAP. XVII.
jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice. " 16 A judgment in a, suit thus prosecuted can only be collected out of the property in the hands of the receiver in his official capacity. 17 A receiver is personally liable to strangers for trespass, 18 fraud, 19 or other wilful act, although performed under color of his office. So, if he by mistake, thoug...h honestly, takes possession of the property of another, he is personally liable. 20 The fact that he does so under authority of an order of the court will not justify him as against a person who was not a party to the suit or proceeding in which the order was granted. 21 In all of such cases it seems that he can, independently of the statute, be sued without leave of the court which appointed him. 22 But when a receiver of a State court was sued in a Federal court for an infringement of a patent, in obedience to an order of the State court the Federal court stayed its proceedings, to allow time for an application to the State court to modify its order.
What to read after A Treatise On Pleading And Practice in Equity in the Courts of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Foster, Roger, 1857-1924 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Ry. Co. , 26 Fed. R. 74.
376 RECEIVERS. [CHAP. XVII.
jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice. " 16 A judgment in a, suit thus prosecuted can only be collected out of the property in the hands of the receiver in his official capacity. 17 A receiver is personally liable to strangers for trespass, 18 fraud, 19 or other wilful act, although performed under color of his office. So, if he by mistake, thoug...h honestly, takes possession of the property of another, he is personally liable. 20 The fact that he does so under authority of an order of the court will not justify him as against a person who was not a party to the suit or proceeding in which the order was granted. 21 In all of such cases it seems that he can, independently of the statute, be sued without leave of the court which appointed him. 22 But when a receiver of a State court was sued in a Federal court for an infringement of a patent, in obedience to an order of the State court the Federal court stayed its proceedings, to allow time for an application to the State court to modify its order.
What to read after A Treatise On Pleading And Practice in Equity in the Courts of the United States?
You can find similar books in the "Read Also" column, or choose other free books by Foster, Roger, 1857-1924 to read onlineMoreLess
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