Fredenheim v. Rohr

Citations

• 87 Va. 764
• 13 S.E. 193
• 1891 Va. LEXIS 127

Syllabus

<p>1. Injunctions—Refusal below—Remedy.—Where court below, or a judge thereof, refuses an injunction, the remedy is by application to a judge of this court, accompanied by the original papers and the order of refusal. Code 1887, § 3436.</p> <p>2. Idem—Dissolution upon merits—Remedy.—Where injunction has been dissolved by court below upon the merits, the remedy is by appeal here, or by motion to court below for its reinstatement, and appeal from its refusal to reinstate.</p> <p>3. Receivers—Case at bar.—Bill to have trust deed vacated on account of fraud, and for a receiver, was presented to the judge below, May 7tb, 1889, who then granted injunction as prayed for, but ordered that defendants have reasonable notice of time and place of moving for receiver, and an opportunity to move to dissolve the injunction. After injunction had been perfected, answers were filed putting in issue the material allegations. On May 14th, 1889, the case came on to be heard on bill, answers, and affidavits, and motion to dissolve upon due notice. Injunction was dissolved, and appointment of receiver denied. But bond was required of and given by trustee. On May 15th, 1889, plaintiffs presented the original papers to one of the judges of this court, who awarded an injunction according to the prayer, and on plaintiffs’ motion without notice to defendants, appointed a receiver to take possession of the trust propeity and sell same upon the terms of the deed. And on May 21st, 1889, the judge below made an order that said receiver do take possession of said trust property. Held: Award of injunction and appointment of receiver were without authority of law and void, and the order to take possession erroneous.</p> <p>4. Receivers—Appointment—Notice.—It is only in cases of extreme danger of loss of the property in question that reasonable notice of the time and place of applying for appointment of a receiver can be dispensed with.</p>