The American and English Encyclopedia of Law, เล่มที่ 20John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1892 |
ฉบับอื่นๆ - ดูทั้งหมด
คำและวลีที่พบบ่อย
action appear application appoint a receiver assets assignment authority Bank Barb Beav bill bond ceiver chancery charge claim contract conveyance corporation court of chancery court of equity debt debtor decree deed defendant discharge duty entitled erty estoppel evidence execution filed foreclosure fund gage granted held Hun N. Y. injunction insolvent interest Iowa judgment creditor judgment debtor jurisdiction land liable lien Mass ment Minn mort mortgage mortgagor motion N. J. Eq notice officer Ohio St operating paid Paige N. Y. parties partnership payment pendente lite pending person plaintiff pointment possession proceedings prop purchaser railroad company receiver appointed receiver's receivership recital record redeem redemption rents road rule Smith Stat statute stockholders suit Tenn tion trust
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หน้า 338 - that suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate, and complete remedy may be had at law.
หน้า 437 - The income out of which the mortgagee is to be paid is the net Income obtained by deducting from the gross earnings what is required for necessary operating and managing expenses, proper equipment and useful improvements. Every railroad mortgagee in accepting his security impliedly agrees that the current debts made in the ordinary course of business shall be paid from the current receipts before he has any claim upon the income.
หน้า 440 - ... give to one class of creditors that which properly belongs to another, the court may, upon an adjustment of the accounts, so use the income which comes into its own hands as, if practicable, to restore the parties to their original equitable rights.
หน้า 32 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
หน้า 437 - The mortgagee has his strict rights which he may enforce in the ordinary way. If he asks no favors he need grant none. But if he calls upon a court of chancery to put forth its extraordinary powers and grant him purely equitable relief, he may with propriety be required to submit to the operation of a rule which applies in such cases, and do equity in order to get equity.
หน้า 536 - September be made and executed shall be adjudged fraudulent and void («) against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
หน้า 392 - It is a part of that jurisdiction, always exercised by the court, by which it is its duty to protect and preserve the trust funds in its hands. It is, undoubtedly, a power to be exercised with great caution, and, if possible, with the consent or acquiescence of the parties interested in the fund.
หน้า 449 - ... county jail for not more than six months, or by a fine of not more than two hundred and .fifty dollars, or by both such fine and imprisonment...
หน้า 436 - It cannot be affirmed that no items which accrued before the appointment of a receiver can be allowed in any case. Many circumstances may exist which may make it necessary and indispensable to the business of the road and the preservation of the property, for the receiver to pay preexisting debts of certain classes, out of the earnings of the receivership, or even the corpus of the property, under the order of the court, with a priority of lien. Yet the discretion to do so should be exercised with...
หน้า 439 - The power rests upon the fact, that in the administration of the affairs of the company the mortgage creditors have got possession of that which in equity belonged to the whole or a part of the general creditors. Whatever is done, therefore, must be with a view to a restoration by the mortgage creditors of that which, they have thus inequitably obtained.