Dennery v. Superior Court of Sacramento County

Citations

• 84 Cal. 7
• 24 P. 147
• 1890 Cal. LEXIS 750

Syllabus

<p>Insolvency — Appeal from Adjudication — Bond — Stay of Proceedings— Jurisdiction—Receiver. — An appeal from an order granting an adjudication of insolvency is regulated by the general law for appeals in civil causes; and not being a ease in which a separate stay bond is required, the ordinary appeal bond operates to stay all further proceedings upon the order appealed from, or the matters embraced therein. The superior court has no jurisdiction pending the appeal to compel the insolvent to prepare and file his inventory and schedules, or. to proceed to the selection of an assignee, or to call a meeting of creditors, or to do any further thing in the proceeding in insolvency except only such things as may be necessary to be done through a receiver for.taking and preserving the property of the insolvent. The functions of a receiver are not suspended by such appeal.</p> <p>Id.—Powers of Receiver — Recovery and Control of Assets— Actions. —The functions of a receiver depend very much upon the powers conferred by statute. A receiver has power under the general laws of this state to bring and defend actions in his own name as receiver, to take and keep possession of the property, to receive rents, collect and compromise debts, to make transfers, and generally to do such acts respecting the property as the court may authorize. By means of a receiver, the superior court may in an insolvency proceeding fully take possession of and preserve the property of the insolvent, and protect the rights of creditors; and a receiver appointed in such proceeding may maintain an action to recover the assets of the insolvent, or any property which may have been fraudulently conveyed by him, and may apply for an examination of the insolvent touching his affairs.</p>