Pelzer, Rodgers & Co. v. Hughes

Citations

• 27 S.C. 408
• 3 S.E. 781
• 1887 S.C. LEXIS 145

Syllabus

<p>1. Interlocutory injunction is not a matter of right, but of grace, resting in the sound discretion of the judge ; and such an order having been granted to maintain matters in statu quo, pending an action by creditors to set aside certain transfers and assignments as fraudulent, this court refused to vacate it.</p> <p>2. The appointment of a receiver of property pending litigation, may be made by a judge at chambers; but the power of appointment is a delicate one and must be exercised with great circumspection, and if abused, may be corrected on appeal.</p> <p>3. Except in the cases mentioned in section 2016, General Statutes, the court has no jurisdiction to appoint a receiver of an assigned estate at the suit of creditors who have not exhausted their legal remedies.</p> <p>4. In action by unsecured creditors to set' aside as fraudulent a deed of assignment for the benefit of creditors and a transfer of choses in action a few days prior to the assignment, it not being shown that the defendants were insolvent or that the property was in danger of being lost or materially injured, the Circuit Judge erred in appointing a receiver pending litigation, and in adjudging defendants (who had appealed) in contempt for failing to turn the property over to the receiver so appointed.</p> <p>5. A Circuit Judge may, without consent of parties, refer a chancery case to vacate certain assignments for fraud, “to the master to take the testimony and report upon the issues of law and fact involved therein.” In such case, neither party has the right to a submission of the issues to a jury.</p>