Mirabal v. Albuquerque Wool Scouring Mills

Citations

• 23 N.M. 534
• 170 P. 50

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Upon the appointment of a receiver of an insolvent corporation by virtue of section 957, Code 1915, the receiver has full power and authority to demand, sue for, and collect, receive and take into his possession, all the property of the corporation to which it was entitled to the possession. These powers and prerogatives are given to the receiver when he is appointed by the statute, not by order of the court. This being true, and title vesting in him by virtue of the statute, and likewise the right to possession, or, to say the least, the right to sue for possession and recover the same if entitled thereto, the court, at the time of adjudicating the insolvency of the corporation and decreeing that a receiver should be appointed, has not the power, in the same degree, and prior to the appointment and qualification of the received, to strip the receiver of these statutory rights and prerogatives.</p> <p>P. 540</p> <p>2. Under the statute (section 956, Code 1915), which regulates the procedure for adjudicating the insolvency of a corporation and the appointment of a receiver, the court is without jurisdiction, upon the application for the adjudication for insolvency, to, at that time and in the same proceeding, pass upon the validity of a mortgage covering specified property belonging to the corporation. P. 540</p> <p>3. As to errors relating to jurisdiction, a plaintiff against whom judgment is rendered is not estopped to assert on appeal or error that the court to which he resorted had no jurisdiction of the subject-matter of the suit; hence a petitioning stockholder who applies for adjudication of insolvency against the corporation, and who makes the mortgagee a party to such proceeding, is not estopped from asserting on appeal that the court had no jurisdiction to pass upon the validity of a mortgage and to award the possession of the mortgaged property to the mortgagee. P. 544</p>