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The Southeastern Reporter Volume 37

The Southeastern Reporter Volume 37


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 Excerpt: ...costs of the contempt proceedings. The court further ordered the defendants to surrender immediate possession of the premises and the crops to the receiver, and enjoined them, their aiders and abettors, from Interfering with the possession of the premises. The court committed the feme defendant to jail (the male defendant having disclaimed any right in, or control over, the realty, which was the property of the wife) till payment of said $50 fine and costs to contempt, and till she should surrender the premises and comply with the order of the court; with a proviso, however, that If she should forthwith pay to the receiver $100, or secure the same to be paid within 90 days, she might be allowed to remain in possession as tenant of the receiver, and take the rents for this year. The question as to liability for rente and profits for the year 1899 was reserved till the next term of court. The facts are thus recited at some length, though not altogether as full as set out in the record and in the findings of the judge. It is almost incredible that this court should be asked to hold that the appellants were not guilty. They certainly have been very badly advised by some one. If there was any error or irregularity in the appointment of a receiver, that could only be corrected by an appeal therefrom. In the meantime, such order would be valid and binding, and should be obeyed, unless suspended by the bond given on appeal. An erroneous or irregular judgment cannot be tested by disobeying it. It Is valid till reversed or set aside. The only possible defense for disobedience of the order appointing a receiver, it not being appealed from, would be that the order is void for lack of service of process upon the feme defendant; but she has in the amplest manner been mad...


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Product Details
  • ISBN-13: 9781130297317
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 934
  • Spine Width: 47 mm
  • Width: 189 mm
  • ISBN-10: 1130297314
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1633 gr


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