Benneson v. Bill

Citations

• 62 Ill. 408

Syllabus

<p>1. Chancery practice—\\proof on bill confessed. Where a bill is taken as confessed, the court may, in its discretion, require proof as to any or all the allegations of the bill, or render a decree without proof. And no distinction is made in this respect between bills sworn to, and those not sworn to.</p> <p>2. Receiver—decree. On bill against an insolvent insurance company, filed by creditors, the court appointed the master in chancery receiver, and directed him to collect the debts owing to the company, and apply the proceeds in payment of complainants’ judgments: Held,, that the decree was too broad. It should have directed the proceeds to be brought into court, so that the court might distribute it to the creditors entitled.</p> <p>3. Same—who may act as receiver. Ordinarily, the appointment of a receiver is a matter of discretion ; but there are persons, who, owing to their position, are not usually competent to act as such. A party to the suit is not, unless by consent of both parties. And a master in chancery, being an officer of court, whose duty it is to pass upon the accounts and check the conduct of a receiver, is disqualified from being appointed receiver.</p>