Commonwealth v. Order of Vesta

Citations

• 156 Pa. 531
• 27 A. 14
• 1893 Pa. LEXIS 1381

Syllabus

<p>Receivers — Appointments—Quo warranto.</p> <p>A receiver is not a common law officer, and no authority exists for Ms appointment in quo warranto proceedings, unless it can be found in express statutory provision.</p> <p>Corporations — Dissolution — Receivers—-Supreme Court — Original jurisdiction— Constitution, Act of April 4, 1872.</p> <p>Under the act of April 4, 1872, P. L. 46, relating to dissolution of corporations, the regular and ordinary course of administration of the assets is by the officers of the corporation as trustees, and the power to supersede this mode by the special appointment of a receiver is in the Supreme Court, without regard to the court which rendered the judgment of ouster.</p> <p>Not determined whether this power is an exercise of original jurisdiction which was taken away by the constitution of 1874.</p> <p>Jurisdiction — Common pleas — Re ceiver.</p> <p>A court of common pleas has no jurisdiction under the act of 1872 to appoint a receiver of a corporation, where none of the property of the corporation is in the county, where none of the officers are resident or are served, and the application is made by the commonwealth and not by a creditor or stockholder.</p> <p>On an application by the commonwealth for the appointment of a receiver of a corporation against which a judgment of ouster has been entered, jurisdiction will not be given to the common pleas by the filing of informal letters from stockholders, which contain no averments of fact upon which the court may act, and which are not sworn to.</p> <p>Statutes — Receivers—Jurisdiction—Act of April 26, 1893.</p> <p>The act of April 26, 1893, authorizing the appointment of receivers-where corporations have been dissolved by judgment of ouster, does not apply to a case where the affairs of a corporation, after judgment of ouster, are at the date of the passage of the act in course of adjudication by a competent court.</p> <p>The direction in the act that the receiver “ shall be held