See, also. Claims, Fees, Corporations, and Public Utilities.
EXTRAORDINARY WRITS FOR REVIEW. See under Appeals.
EXTRA-TERRITORIAL POWERS AND BIGHTS.
general status and rights of the primary receiver in another jurisdiction,
822.
extra-territorial jurisdiction of receivership courts. See Courts.
power of court to exercise by means of contempt, 509.
right to sue where receiver has title, 1433.
effect where receiver not entitled to sue at home, 1434.
power of liquidating trustee of corporation to sue, 769.
creditor of foreign state suing corporation under receivership in another
foreign state, 988.
right to sell partnership assets outside of state, 473.
receiver's certificates for preserving property outside of jurisdiction of
receivership court, 1586.
for maintenance of suits outside of jurisdiction, see CORPORATIONS, PuB-
uc Utilities, Banks, Insurance, and Courts.
2252 INDEX.
[References are to pages.]
FEDERAL COURTS.
jurisdiction of. See COURTS
removal to. See Proceduke.
FEES AND EXPENSES OF RECEIVERSHIP.
fees and expenses of the receiver.
general right of receiver to compensation, 1722.
â– when postponed to other operation claims, 1694.
of receiver and attorney as charge, 1694.
not dependent upon sufficiency to pay other claims, 1723.
not affected by fact he is party, 1723.
gratuity practice of paying personal expenses not applicable, 1723.
effect of orders of appointment requiring no compensation, 1723.
effect where receivership fund insufficient to pay compensation, 1724.
allowance of disbursements, 1725.
various classes of disbursements allowed, 1725.
not allowed reimbursements for duties he should perform, 1726.
fees paid for reorganization plans, 1726.
nature of the compensation as costs and judicial character of duty of
fixing them, 1726.
when to be paid right of court to award partial allowance on account,
1731.
amount of receiver's fee largely a matter of discretion, 1732.
periodical payments to receiver, 1732.
amount of compensation naturally variable in different cases, 1732.
controlling elements in fixing the receiver's compensation, 1734.
statutory regulations of receiver's fees, 1741.
effect of amendment of fee statute pending receivership, 1742.
discussion of various statutes, 1741.
fees by agreement with parties to litigation, 1743.
amount allowed to receiver is necessarily variable, 1746.
apportionment of fees among different classes of creditors, 1747.
loss or forfeiture of fees or non-payment by reason of receiver being
a litigant, 1749.
no compensation during delays caused by receiver's own appeals, 1750.
circumstances when receiver may be compelled to refund fees paid,
1750.
forfeiture of fees a matter for receivership court, 1751.
whether receiver who is party entitled to, 1751.
specific agreements for no fees, 1751.
fees of receivers in case of void or wrongful receiverships, 1751.
distinction between erroneous and wrongful receiverships, 1753.
circumstances when fees taxable against litigant, 1753.
effect of reversal of action on compensation, 1756.
circumstances where corporation liable for fees of its receiver, 1757.
INDEX. 2253
[References are to pages.]
FEES AND EXPENSES OF EECEIVERSHIP— (Continucfl).
fees for the attorney for receiver and other attorneys connected with
receivership.
right of attorney for receiver to compensation, 1757.
status of the attorney's compensation in receivership, 1759.
duty of receiver to employ counsel, 1758.
necessity of authorization of court to employ an attorney, 1760.
selection of attorney for receiver, 1760.
personnel of attorney generally left to receiver, 1761.
practice of court to ratify employment, 1760.
duties of attorney are strictly legal in character, 1760.
who may object to selection of attorney, 1761.
favoritism not approved, 1761.
change of attorneys on conflict of interest arising, 1762.
employment of attorneys of parties, 1762.
whether a receiver who is a lawyer may be compensated for his legal
services, 1763.
right of attorney acting in official capacity to be paid fees out of
estate, 1764.
right of a United States district attorney to fees in governmental
receivership, 1764.
control of receivership court over allowance of the fees to attorney^
1765.
receiver not personally liable to attorney, 1766.
evidence admissible on questions of amount, 1766.
no jury trial on question of amount, 1766.
order for fees is appealable, 1766.
receivership court determines amount though part of services in
appellate court, 1767.
rule of attorney's lien on judgment not applicable to attorney for
receiver, 1767.
fixing amount of attorney's compensation and principles applicable
1769.
fees may be for services outside the jurisdiction, 1771.
results of litigation an element, 1772.
fee for defending receiver against unfounded charges. 1772.
fees not awarded for matters outside of receivership, 1773.
duration for which fees allowed, 1773.
forfeiture of by attorney, 1773.
agreements for fees, 1774.
apportioning amount of fees among creditors, 1774.
effect where appointment of receiver is held void or set aside for
error, 1774.
distinction where appointment merely held erroneous, 1774.
2254 INDEX.
[References are to pages.]
FEES AND EXPENSES OF RECEIVERSHIP— (Continued).
particular amounts and how paid, 1776.
periodical payments to attorney, 1776. ,»
computing amount on commission basis, 1776.
effect of statutes, 1776.
requiring purchaser to assume payment, 1777.
fees belong to receiver personally and not to corporation of which he
is an officer, 1777.
non-assignability before earned, 1777.
compensation of attorneys other than attorney for receiver, 1777.
paying attorney of applicant for receiver, 1778.
payment for special services of attorney of a party during receiver-
ship, 1778, 1779.
allowances to counsel representing different priority claimants, 1778.
for services of attorney of defendant, 1779.
attorneys bringing in special funds for benefit of creditors, 1779.
allowances to counsel of trustees in foreclosure, 1780.
right to appeal from orders allowing compensation of receiver or his
attorney, 2155.
FIDUCIARY CHARACTER of duties of receiver, 199.
FIDUCIARY RELATIONS.
receiverships involving. See Trust Estates and specific relations,
duty of employees and others in intiuiate control, 214.
FINAL JUDGMENT.
receiver in aid of final judgment of partition, 486.
what constitutes. See under Appeals.
FINANCIAL TRANSACTIONS.
general attitude of receivership toward large financial transactions made
in course of business, 1048.
FIRE INSURANCE COMPANIES.
receiverships involving. See Insurance Companies.
FORECLOSURE PROCEEDINGS. See under Mortgages, Chattel Mort-
gages, Mechanics' Liens, Pledges, Equitable Liens, Statutory
Labor Liens.
FOREIGN CORPORATIONS. See under Cokpobations.
FOREIGN COURTS.
jurisdiction of. See under COURTS.
FOREIGN JURISDICTION.
power of receiver in supplementary proceedings over property in, 685.
INDEX. 2255
[References are to pages.]
PORMS.
regarding forms appended, 2189.
complaint in federal court for receiver of insolvent corporation, 2189.
creditor's bill seeking appointment of receiver, 2190.
stipulation of parties for appointment of receiver, 2194.
answers admitting or denying necessity for receiver, 2195.
notice of motion for appointment of receiver, 2196.
order to show cause why receiver should not be appointed, 2198.
^,^ - order appointing a receiver, 2198.
order appointing receiver of railroad, 1105.
order of appointment directing operation of business, 2201.
order directing operation of mine, 1511.
order for receiver de bonis hon, 2202.
order appointing non-resident receiver, 2204.
order substituting new receiver, 2204.
order granting receiver leave to sue, 2205.
petition by receiver for leave to sue directors and stockholders of
receivership corporation for unpaid stock, 2205.
order granting petition to sue directors and stockholders for unpaid
stock, 2206.
form of the account of receiver, 1708.
form and general contents of the certificates, 1621.
petition by receiver for his discharge, 2207.
order discharging receiver, 2208.
order removing receiver, 2209.
order turning receivership property over to bankruptcy court, 2210.
TOEMULA OF SECRET PROCESS. See under Trade Secrets.
FRANCHISE TAXATION. See under Taxation.
FRATERNAL SOCIETIES. See under Insurance Companies.
PRAUD.
receivership over trustees who are chargetl with fraud, 301.
in suits to set aside conveyances on ground of fraud, 518.
PRAUD OF CREDITORS.
transfers in, appointment of receivers, 518.
effect where partners procure receivership to defraud or delay creditors,
443.
receivership where fraudulent acts are alleged, 405.
charges of fraud in receiverships. See Creditor's Suits, Corporations,
and specific topics. •
rUNDS.
liability of receiver for funds on deposit in bank, 201.
liability of receiver for interest on, 206.
PUNDS ON DEPOSIT WITH OFFICIAL.
by insurance company, status of, 1476.
2256 INDEX.
tReferences are to pages.]
FURNISHING BOND.
in lieu of receivership. See Bond in Lieu.
on appointment or preliminary to ex parte appointment. See Bonds.
GAMBLING.
receiverships where corporation is engaged in an illegal business such
as racing, gambling, or prize-fighting, 805.
GARNISHMENTS.
relation of the receiver to garnishments, attachments, and other liens, 99.
appointment of commissioner to hear, 2056.
GAS AND ELECTRIC COMPANIES.
See under Public Utilities.
GAS AND OIL PROPERTIES. See under Mining and Oil Properties.
GENERAL ASSIGNMENT BY PARTNERSHIP,
as ground for receivership, 425, 442.
GENERAL CREDITORS.
effect of special statutory provisions on subject, 652.
suits by for receivership. See Creditor 's Suits.
GENERAL DUTIES AND CARE.
required of a receiver. See Duties of the Receiver.
GENERAL EFFECT OF APPOINTMENT.
of receiver and duties, 84.
GENERAL GROUNDS AND CIRCUMSTANCES IN WHICH A RE-
CEIVER IS APPOINTED.
general principles applicable, 22, 287, 372.
general class of cases in which a receiver is appointed, 23.
applicability of general rules of equity, 24.
necessity for danger of an irreparable injury, 28.
caution and discretion to be exercised by courts, 32.
character of title to be shown by plaintiff, 37.
receivership where recovery is doubtful, 43.
whether existence of property must be shown, 49.
necessity for pendency of a suit, 50.
right of court to refuse appointment on condition of defendant furnish-
ing 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, 61.
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, 79.
appointment of receiver by executive oflScers, 79.
right to appoint receiver without resorting to a court, 80.
effect of defendant offering to furnish security to protect plaintiff, 82.
INDEX. 2257
[References are to pages.]
GOING BUSINESS, BY RECEIVER,
conducting receivership as, 257.
duty of receiver when conducted at a loss, 262.
receiver in mortgage foreclosure may conduct, 587.
conduct of, by receiver of partnership, 467.
disposition of earnings and meeting losses in operations by receiver in
partnership, 474.
extent to which the receiver should operate the mine, 1508.
management of corporate property as a going concern, 957.
operation of the business of the public utility, 1035, 1053, 1219.
whether receivers should continue operation of public utility when done
at a financial loss, 1037.
expenses of operation as a charge, 1693.
expenses of conducting receivership as, how paid, 262.
necessity for specific directions by court to conduct as, 265.
funds to conduct, how raised, 265.
borrowing money to conduct, 266.
notice to persons with whom he deals of receiver's limited powers, 267.
GOOD FAITH OF COURT.
behind receiver's certificates, 1640.
GOOD WILL.
as part of sale of partnership assets by receiver, 472.
inclusion of good will and trade in receivership sale, 1791.
GOVERNMENT RECEIVERSHIPS.
in suits by government to quiet title or cancel mineral locations, 1524.
in suits involving violation of anti-trust laws. See Monopoly.
GOVERNMENTAL CONTROL.
amenability of public utility receivers to legislative control regarding
rates and the like, 1103, 1108.
GOVERNOR.
right of, to appoint in some circumstances, 79,
GROSS EARNINGS TAX. See Taxation.
GROWING CROPS. See Crops.
HEAVY EXPENSE.
receivership where care of subject-matter involves heavy expense, 485.
HEIRS OR LEGATEES.
receivership on behalf of heirs or legatees of deceased partner, 422.
See, generally, Estates op Decedents.
HOMESTEAD.
receiver of homestead, 508.
HLiLEGAL AND UNAUTHORIZED ACTS.
of dpfen<lant, right of receiver to avoid, 152,
II Rec— 142
2258 INDEX.
[References are to pages.]
ILLEGAL TRANSACTION.
receivership on account of corporation maintaining a monopoly or
engaged in illegal transactions, 788.
IMPAIRMENT OF CONTRACTS.
receiver can not act so as to result in, 155.
IMPROPERLY ACTING AS RECEIVER.
liability of person who so acts, 214.
IMPUTATION OF NOTICE.
to persons dealing with receiver, 170, 198.
extent of notice imputed to holders of receiver's certificates, 1644.
INABILITY TO CONTINUE BUSINESS.
appointment on account of futility of continuing business under exist*
ing plan — opportunity to reorganize, 1453.
inability to attain the business purposes of the corporation, 718.
INCOME TAXES. See under Taxation.
INDEMNIFJCATION.
offering of in lieu of receivership. See Bond in LlEU.
INDEPENDENT FOREIGN RECEIVER,
of a foreign corporation, 989.
INDIAN RESERVATIONS.
receivership over oil lands in, 1532.
INFANTS.
receiverships involving. See Estates of Infants.
INHERENT JURISDICTION OF COURTS OF EQUITY.
to appoint corporation receivers, 705.
INJUNCTION. '
and receivership distinguished, 19.
effect where an injunction would serve same purpose, 57.
INJUNCTION CHARACTER OF RECEIVERSHIP,
discussed, 22.
INJURY.
necessity for danger of an irreparable injury, 28.
INSANE PERSONS. See Estates of Insane Persons.
INSOLVENCY.
of defendant as an element, 31.
as a ground for receivership, 58, 728.
insolvent debtors, receivers for, 604.
insolvent owner of mortgaged property, 603, 630.
of one in possession of real estate as ground for receivership, 499, 503.
effect of insolvency of cotenant in possession, 484.
effect of insolvency of defendant partner, 381.
INDEX. 2259
[References are to pages.]
INSOLVENCY— (Continued) .
receivership in case of insolvency of the partnership, 433.
of executor administrator as cause for receivership, 330.
insolvency as a controlling circumstance in case of corporations, 331, 728.
how insolvency or inability of insurance company to continue operations
is ascertained, 1470.
effect of being known by vendor when contract made, 521, 522.
conditional sales, consignments, and purchases with knowledge of, 164.
right of recoiver to adopt or reject where purchaser or consignee was
insolvent, 164, 169.
effect of conveyances of property to receiver by insolvent corporation,
987.
INSTRUCTIONS OF COURT.
should be sought in cases of doubt, 195, 627.
instructing receiver by ex parte orders, 1995.
INSURANCE COMPANIES, BENEFICIAL, FRATERNAL SOCIETIES,
AND BUILDING AND LOAN ASSOCIATIONS AND THE LIKE.
appointment of the receiver.
general purpose and effect of such receiverships, 1437.
effect of receivership of building and loan society on debts owing
it, 1439.
receivership of corporations of this class amounts to dissolution, 1440.
appointment under special statutes relating to such organizations,
1440.
general purpose and extent of supervisory statutes, 1440.
whether such statutory systems are exclusive, 1442.
no federal question raised by exclusive statutes, 1447.
appointments not made under special statutory authority, 1448.
right of corporation to waive benefits of statute, 1448.
right of state to waive its right to seek receivership in favor of
another, 1449.
inherent power of court of equity to appoint receiver over, 1449.
usual grounds for appointment, 1450.
receivership of a foreign building and loan association, 1453, 1472,
1476.
ex parte appointment, 1453.
receivership of mutual insurance company, 1453.
appointment on account of futility of continuing business under
existing plan — opportunity to reorganize, 1453, 1454.
receivership of fraternal insurance society where assessment plan
economically impossible, 1454.
receiver of incorporated beneficial association based on failing oper-
ations, 1456.
distinction between beneficial and insurance organizations, 1456.
22G0 INDEX.
[References are to pages.]
INSURANCE COMPANIES, BENEFICIAL, FRATERAL SOCIETIES,
AND BUILDING AND LOAN ASSOCIATIONS AND THE LIKE
— (Continued).
federal court will assume constitutionality of state statute regarding
insurance societies, 1459.
whether a federal equity court may appoint a receiver after pre-
liminary steps by state officials under statutory system, 1461.
corporation merely engaged as agent for insurance companies, 1465.
effect of receiver being appointed over the insured, 1466.
whether receivership of insured causes an expiration of insurance
policy, 1466.
discretion of the court respecting the appointment, 1469.
how insolvency or inability to continue operations is ascertained,
1470.
what facts generally necessary as a basis for appointment, 1471.
adequate remedy at law for injuries, 1472.
necessity for existence of assets, 1472.
cessation of corporate functions on appointment of receiver, 1473.
receiver not agent of the corporation, 1473.
administration of the estate. .
Avho will be appointed receiver, 1473.
general statement of principles applicable, 1473.
reducing the assets to possession, 1474.
collecting unpaid stock subscriptions, 1475.
defenses available by stockholders, 1476.
contracts with special agents, 1482.
status of special funds of such organization on deposit with officials,
1476.
effect of the appointment of a receiver on the policies or executory
contracts of the corporation, 1478.
effect of appointment of receiver on matured rights respecting
policies or contracts, 1483.
rights of borrowing and non-borrowing members of building and
loan associations, 1483.
status of borrowing and non-borrowing members of building associ-
ations, 1487.
assessment of members of mutual companies or associations by
receivers, 1488.
amount of assessment to be made, 1492.
conclusive character of assessment, 1492, 1493.
no necessity for members to be parties to be assessed, 1492.
defenses available to assessment suits, 1493.
suits to enforce such assessments levied by the receiver, 1494.
right of member of mutual insurance company to set off against
assessment, 1675.
application of statutes of limitation to suits upon assessments, 1495.
INDEX. 2261
[References are to pages.]
INTEREST PAYMENTS.
on claims of creditors pending corporation receivership, 902.
allowance of interest on claims, 1678.
liability of receiver for interest on funds, 206.
interest upon preferred claims in public utility receiverships, 1210.
what rate of interest may be allowed on receiver's certificates, 1628.
INTERESTS IN REAL ESTATE. See Real Property, Mortgages, and
Partition.
INTERFERENCE WITH POSSESSION OF RECEIVER,
not allowable, 122, 646.
interference with, as constituting contempt. See Contempt.
INTERLOCUTORY PROCEEDINGS IN THE RECEIVERSHIP.
See, also, Procedure and special topic relating to the proceeding.
INTERNAL REVENUE TAXES.
receiver to collect when evaded, 1878.
INTERSTATE COMMERCE COMMISSION.
amenability of public utility receivers to public service commissions and
governmental control, 1103, 1108.
for general discussion. See Public Utilities.
INTERVENTION.
allowing parties to intervene in the receivership, 1955.
right of receiver of partnership to intervene in suit involving firm, 464.
INVENTORY OF PROPERTY OF RECEIVERSHIP,
duty of receiver to make, 198.
IRREPARABLE INJURY,
necessity for danger of, 28.
IRRIGATION SYSTEMS OB DISTRICT,
receiver over, 1572.
receiver's certificates to reconstruct faulty irrigation systems, 1611.
receivers for public utility receiverships. See Public Utilities.
JOINT ADVENTURES.
when receiver will be appointed, 476, 1565.
JOINT STOCK ASSOCIATIONS,
receiver over, 1567.
JUDGE.
disqualification of judge to preside in receivership case, 1986.
effect of relationship to judge or parties, 280.
JUDGMENT.
rendition of, pending receivership, 109.
receivers in aid, 195.3.
receiver in aid of, in partition, 486.
2262 INDEX.
[References are to pages.]
JTDGMENT— (Continued) .
receivership in aid of judicial sales. 530.
payment of, when presented to receivership court, 1888, 1919.
against receiver, payment of, 1124.
rank of judgment, 1128, 1132.
receiver after, to carry it into effect, 365.
proceedings supplementary to. See Creditor's Suits.
JUDICIAT. SALES.
receivership in aid of, 530.
JUEISDICTION.
effect of removal of the receiver from the. 347.
jurisdiction and contlict of different courts. See Courts.
LABOR LIENS.
receiverships respecting statutory labor liens, 642. See, also, under
Mechanic's Liens.
LABOR UNIONS.
receiver over when unincorporated, 15G7.
liability to receiver for treble damages under antitrust law. 1096.
LANDLORD AND TENANT AND RIGHTS UNDER LEASES.
receivership at instance of landlord or tenant.
circumstances in which receiver appointed, 536.
receivership over growing crops, 537.
appointment of receiver to gather crops on leased land, 506.
combined lease and sale contract, 538.
deed of trust to secure advances to tenant, 538.
breach of covenants of lease, 538.
status of receiver of landlord in relation to the property. 539.
receivership determined upon conditions at time of application, 539.
duration of the receivership, 539.
receiverships affecting leases.
receiver of a lessee, 541.
receivers to collect rent, 540.
adoption or rejection of leases by receiver, 160, 161, 162, 542.
extent of liability of receiver where he rejects lease, 544.
extent of liability of receiver where he holds without express adop-
tion or rejection, 544.
nature of rent charge on property held by receiver under lease, 545.
right of lessor to enter or distrain pending receivership. 546.
effect of default of lessee prior to receivership, 546.
sale or assignment of lease by receiver as operation of law, 547.
receiver of lessor, 548.
position of receiver toward leases of the corporation, 956.
rights of purchaser of lease from receiver, 548.
status of receiver of lessor, 548.
receiver as lessor or lessee, 549.
lor matters generally affecting realty, see Real Property.
INDEX. 2263
[References are to pages.]
LAW FIRM.
whether the receiver of a law firm may continue the practice of the
firm, 470.
LEASES.
receiverships involving. See Landlord and Tenant.
LEAVE TO SUE. See under Procedure.
LEGAL AND EQUITABLE POWERS,
effect of combining in one court, 79.
LEGATEES OR HEIRS.
receivership on behalf of heirs or legatees of deceased partner, 422.
See, also, Estates op Decedents.
LESSOR AND LESSEE.
for matters relating to leases generally. See Landlord and Tenant.
LEVY OF WRIT OF EXECUTION,
right obtained by, 119.
LIABILITY OF RECEIVER.
for violations of his trust, 208.
on contracts of defendant, 142.
for general liabilities. See Duties and Liabilities.
LICENSES.
receiverships involving, 1557, 1561.
LIENS.
whether displaced by receivership, 108.
enforcement of pending receivership, 108.
relation of receiver to, 99.
receiver takes property subject to existing vendor's lien. 527.
right of original owner to create lien on residue after payment of '
receivership claims, 1705.
enforcement of vendor's lien, 526.
liens of equitable nature. See Equitable Liens.
rule of attorney's liens on judgment not applicable to attorney for
receiver, 1767.
LIEU OF RECEIVER.
indemnity bond as substitute for receivership. See Bond in Lieu.
payment of occupation rent of real property as substitute, 515.
LIFE ESTATE.
is subject to receivership. 493, 495.
in corporation stock, stockholder's liability, 1396.