Barry Bros. v. American White Lead & Color Works

Citations

• 107 La. 236

Syllabus

<p>Syllabus.</p> <p>1. In probate proceedings all evidence in support of a judgment must appear of record; and in this respect insolvency proceedings are assimilated to probate proceedings. Hence, a judgment homologating the quarterly statements or the Anal account of a receiver will be set aside on appeal, unless supported by evidence of record.</p> <p>2. Ex parte affidavits are not evidence.</p> <p>3. Act 159 of 1898 is imperative against the approving of the quarterly statement of a receiver until ten days after notice of the filing of such statement shall have been entered in the receivership order book, a book wfileh under provision of the same act must be kept by the Clerk of Court; hence, a judgment approving a receiver’s quarterly statement, without such entry having been made, must be set aside.</p> <p>4. The law providing for the fixing of the fees of receivers is Act 159 of 1898. Where the receivership is of a going concern, the fees are the.same as those of syndics under Section 1818 of the Revised Statutes, where the receivership is not of a going concern, the fees are fixed by the judge at his discretion.</p> <p>5. The law fixing the fees of auctioneers is Act 104 of 1896. By this law these fees are fixed as follows: On sales of immovables, two per cent, on the first ten thousand dollars of the price and one per cent, on the excess; on sales of movables, not more than five per cent, of the price, at the discretion of the court, where the immovables and the movables are not sold separately, but in block, the appraisement of the property must be taken for basis of computation.</p> <p>6. A pledgee of bonds authorized by the act of pledge .to sell the bonds, with or without notice, at public or private sale, and at such sale to become the purchaser, may thus sell the bonds and become the purchaser of them. In this case the bonds were sold after full notice and at fair price.</p> <p>7. Where the immovables and the movables of an insolvency are sold confused