Selected Cases On the Law of Partnership Including Limited Partnerships

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An action at law in behalf of any creditor can no more take the funds and property out of the hands of the one court than out of those of the other; and whilst, to a cer- tain extent, it is true that in both cases the proceeding is somewhat subjected to the control of the parties instituting it, yet it must also be true, that when the court has acted upon the application, and vested the property in the one case in an officer called an assignee, and in the other in one called a receiver, but bot...h possessing the same power and appointed for the same purpose, — that of holding the property pending a final decree, — in neither instance can the par- tics who have ylaced the property in the hands of the court by their 438 RIGHTS AND REMEDIES OF CREDITORS. [CHAP. V.
own action deprive the court of its power to distribute. The prop- erty, when once in the hands of the court, is pledged and dedicated to the objects of the proceeding, and in it others become interested who have a right to invoke the action of the tribunal which has assumed control over it.


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