47 So. 141 | Ala. | 1908
The appellant, Wills Valley Mining & Manufacturing Company, filed a bill in the chancery court against the Etowah Mining Company, a corporation, and on its petition in said cause had the appellee T. C. Galloway appointed as receiver of -the property •of the defendant corporation. The said Galloway en
The appointment of the receiver was at the instance of the Wills Valley Mining & Manufacturing Company^ and it was decided by this court that the appointment was wrongful, and the order making it was set aside. Where the appointment of a receiver is wrongfully
A motion was made to set aside the decree confirming the report of the register on the statement of the receiver’s account, for the purpose of opening the reference. Several years had elapsed since the decree of confirmation, and the motion was not made until after a decretal order by the chancellor imposing the costs and expenses of the receiver on the complainant in the bill. This decretal order, it is true, was on appeal reversed, but because the decree was rendered without notice to the complainant, the Wills Valley Company, and, further, because the question was not embraced in the submission on which that decree was based. — Wills Valley Mining & Mfg. Co. v. Galloway, 139 Ala. 276, 35 South. 850. In the case before us testimony was taken on the motion to charge the complainant and on the complainant’s answer to the motion. After a careful consideration of all the evidence in the case, we are not satisfied that any good reason exists for setting aside the decree of confirmation of the register’s report and opening of the reference for further hearing on the receiver’s account. We concur in the conclusion of the chancellor, and his decree will be affirmed.
Affirmed.