Regenstein v. Pearlstein

Citations

• 30 S.C. 192
• 8 S.E. 850
• 1889 S.C. LEXIS 86

Syllabus

<p>1. In action to set aside a deed of assignment and for the appointment of a receiver, the proper Circuit Judge has jurisdiction at chambers to appoint a receiver of the assigned estate; and an order of appointment so made must stand until vacated.</p> <p>2. Simple contract creditors, without judgment, may maintain an action to set aside a deed of assignment for the benefit of creditors, whatever the ground may be upon which the action is based.</p> <p>3. Upon a motion to appoint a receiver of an assigned estate, it is for the Circuit Judge to determine the sufficiency in facts of the charges made against the assignee.</p> <p>4. Where the complaint alleged that the assignee was insolvent, careless, negligent, and incompetent, and it was sworn to (even if not in such form, under the statute, as to l-equire the answer to be verified), and there was another affidavit in support of these allegations — a rule to show cause served on the assignee and no return made — the Circuit Judge wasjustified in appointing a receiver.</p> <p>5. Property of a debtor cannot be attached after it has been placed by the court in the hands of a receiver, for it is then in the custody of the. law.</p> <p>6. An order of the court putting the assets of an assigned estate in the hands of a receiver, operates to place such assets in the custody of the court; and therefore attachments thereafter levied on such property are inoperative and acquire no lien, although levied before the receiver had executed the required bond. Clinkscales v. Pendleton Manufacturing Company, 9 S. 0., 318, recognized and followed.</p> <p>7. Application for leave to file an answer after the time within which to do so has expired, is addressed to the discretion of the Circuit Judge— which was not abused in this case.</p>