Dalliba v. Winschell

Citations

• 11 Idaho 364
• 82 P. 107
• 1905 Ida. LEXIS 60

Syllabus

<p>Receivers — Powers and Duties of Receivers — Right to Garry on Business of a Private Corporation — -Prior Lien for Debts Contracted by Receiver — Authority of Courts of Equity to Direct Working of Placer Mines — Attorney Pees Paid by Receiver.</p> <p>1. A court of equity has no authority to direct its receiver in charge of placer mines to carry on a general mining business and charge the expenses of the business and operations as a prior and preferred lien against the property over that of prior recorded mortgages and encumbrances on the same property.</p> <p>2. A receiver in charge of the property of a corporation has no authority to carry on the business of the corporation unless he be so authorized and directed by the court.</p> <p>3. Courts of equity have the power and authority to appoint receivers of property and direct them to care for, protect and preserve the property and deeree the charges and expenses therefoT as prior and preferred liens to that of all other liens, mortgages or encumbrances, and to direet the property sold for the payment of the same.</p> <p>4. Where a receiver has failed to keep correct accounts of the business and transactions of the receivership estate, and has failed to take vouchers for numerous and large sums of expenditure and has made large overcharges and false charges for sums claimed to have been expended by him, and has been generally reekless in his expenditures in connection with the trust and in the employment of servants, and has shown a general disregard for the trust he has assumed, a court of equity will refuse to allow him any salary or compensation for services as receiver.</p> <p>. 5. A receiver is not entitled to allowance for fees paid attorneys for making his reports, narrating his acts, receipts and expenditures as receiver and prosecuting claims against the estate he represents for his own compensation and for the allowance of sueh attorney fees.</p> <p>6. Id.— Tn such case the service constitutes a part of