Richards v. People

Citations

• 81 Ill. 551

Syllabus

<p>1. Receiver—attacking appointment collaterally. Where the court has jurisdiction of both the subject matter and of the necessary parties, its appointment of a receiver and the order therefor can not be assailed in a collateral proceeding, however erroneous it may be.</p> <p>2. Same—interfering with his possession is a contempt of court. The possession of a receiver is the possession of the court itself, and any unauthorized interference therewith, either by taking forcible possession of the property committed to his charge, or by legal proceedings for that purpose, without the sanction of the court appointing him, is a direct and immediate contempt of court, and punishable by attachment.</p> <p>3. Same—when garnishee proceeding is a contempt. Where a receiver is appointed for a railroad company with direction to take immediate possession of all its property, whether real, personal or mixed, and whether in possession or in action, a garnishee proceeding, to reach a debt or funds belonging to the company, without leave of the court appointing the receiver, is a contempt of the authority and process of the court.</p> <p>4. Same—remedy of creditor. After the appointment of a receiver of a corporation, a creditor seeking to collect his debt should apply to the court making the appointment, for leave to bring his action against the receiver, or to come in and be examined pro inter esse eus.</p>