Briggs v. Neal

Citations

• 120 F. 224
• 56 C.C.A. 572
• 1903 U.S. App. LEXIS 4476

Syllabus

<p>1. Equity — Special Master — Appointment of Deputy Clerk.</p> <p>Where a circuit, court determines that a special reason exists for appointing a deputy clerk special master, such appointment is not reversible error because, through inadvertence, the reason is not assigned in the order, as required by Act March 3, 1879 (20 Stat. 415 [Comp. St 1901, p. 591]).</p> <p>2. Receivers — Review of Appointment — Discretion of Court.</p> <p>The appointment of a receiver is discretionary, and will not be re' viewed unless a gross abuse of discretion is shown.</p> <p>3. Equity — Reference to Master — When Proper.</p> <p>Where a bill presents a case in which the taking of an account is necessary, a reference to a master may properly be made on the pleadings, and notice to the defendant is not essential.</p> <p>4. Injunction — Requiring Bond — Discretion of Court.</p> <p>Requiring a bond as a condition to the granting of a preliminary Injunction is á matter within the discretion of a circuit court</p> <p>5. Mortgages — Liability of Mortgagee in Possession.</p> <p>A mortgagee, put in possession of a going concern which by the terms of the mortgage he is required to keep in operation, cannot be charged with the rental of the property while so in his possession, but his duty is to operate the plant as would be done by an ordinarily prudent owner, and his liability is only to account for the net proceeds of the business.</p> <p>6. Appeal — Review—Findings of Fact.</p> <p>While findings of fact made by a master and concurred in by the Circuit Court are entitled to great weight, and will generally be followed by the Appellate Court, they are not conclusive, and it is the duty of the Appellate Court to examine the record and form its own conclusions.</p> <p>¶ 4. See Injunction, vol. 27, Cent. Dig. § 323.</p>