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· 1/7/1907

In re Receivership of Dugdamonia Shingle & Lumber Co.

Citations

  • 118 La. 242
  • 42 So. 789
  • 1907 La. LEXIS 700

Syllabus

<p>1. Receivers —Quarterly Statements.</p> <p>Under section 9, p. 315, of Act No. 159 off 1898, the quarterly statements required of a receiver of a going concern are for the purpose off showing the condition of the business from time to time, for the information of the court and parties in interest.</p> <p>2. Same — Publication.</p> <p>A statement, so called, made after decree for the sale of a sawmill plant, in which the-receiver sets forth in detail all the receipts and disbursements from the commencement of his gestión and a list of creditors of the receivership, will be considered as an account requiring publication as provided by the statute.</p> <p>3. Same — Entries in Books — Verification.</p> <p>The correctness of the entries in a receiver’s-books should be proven by the person who made-them, especially when such person was not only-bookkeeper, but manager, under the receiver.</p> <p>4. Same — Sale oe Assets — 'Validity.</p> <p>A receiver, who has sold almost the entire product of a sawmill under his administration to a firm of which he was a member, should be required to prove, otherwise than by his bare statement, that the full market price had been paid for the lumber and that no profit was made by the firm out of the transactions,</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 42. Receivers, §§ 402, 404.]</p> <p>(Syllabus by the Court.)</p>

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  • “Sovereign immunity's protection, barring suit against state employees whenever they act within the scope of their official duties, applies regardless of whether Commonwealth employees are sued in their official or individual capacities.”

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Judges: Land

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