Sercomb v. Catlin

Citations

• 128 Ill. 556
• 21 N.E. 606

Syllabus

<p>1. Receiver—property in another jurisdiction—powers of a receiver. The general rule is, that the powers of a receiver are co-extensive with the jm’isdiction of the court which appoints him. He has no extraterritorial power of official action. But a receiver appointed in one State may, by comity, be permitted to recover the possession of property in another State, provided no citizen or suitor of the latter State is thereby prejudiced or injured.</p> <p>2. Same—interfering with property—-after appointment of receiver— even before possession tahen—power of the court. After the appointment of a receiver of all the effects and property of A & B, an insolvent firm, C, the business manager of a foreign corporation having a branch office in this State, caused an attachment to be issued in Washington City, D. 0., in favor of his corporation, against A & B, for a debt, and had the same levied on a stock of jewelry which A & B had, shortly before the appointment of the receiver, consigned to an auctioneer in Washington. 0 refused to dismiss the attachment suit, as directed by the court, whereupon the court adjudged 0 to be guilty of a contempt of court, and ordered his arrest and imprisonment: Held, that the court had the power to make the order of imprisonment.</p> <p>3. Although the receiver of an insolvent firm or corporation may not have reduced to his possession the property and assets of the insolvents, this will not authorize any creditor to take legal steps against the property vested in the receiver, who is the officer of the court. Even if the property is in another State, this will not authorize a resident of this State to attach the same, as this will interfere with the receiver’s taking possession.</p> <p>4. Conflict of laws—extra-territorial effect of decree—as to property in another jurisdiction. Where a court of equity has jurisdiction over the person of a defendant, it may make its decrees and orders affecting his property which is situated outside of its