Smith v. United States Express Co.

Citations

• 135 Ill. 279
• 25 N.E. 525

Syllabus

<p>1. Receivers—right to sue and defend in the name of the debtor. A receiver of an insolvent bank may properly prosecute or defend actions in the ñame of the bank, when there is a question whether he is clothed with the legal title to the property of the bank, for want of a written assignment by the bank officers.</p> <p>' 2. Same—defending attachment suit—giving bond for release of property—waiver of right to enjoin collection under the attachment. A receiver appointed in this State, by defending attachment suits brought in another State against the debtor, and giving a bond for the release to him of the attached property, waives his right to enjoin the prosecution of the attachment suits, and can not afterward obtain a decree or order enjoining the creditors in the attachments from collecting their judgments by action on the bond, and it will be error for the court appointing the receiver to enjoin the collection of the attachment judgments.</p> <p>3. Same—acts not directed by the court—ratification. The want of an ■order of court directing a receiver to bring a suit, or to defend one brought against the party he represents, is material only on the question whether the receiver shall be allowed expenses and costs, and the court may ratify his action in suing or defending, and the disposition of the fruits of his litigation by the court will amount to a ratification.</p> <p>4. Attachment—giving bond for release of property—admission as to liability to the attachment. Where property attached is released on the giving of a bond by the defendant in the attachment, this will amount to an admission by the defendant that the plaintiff in the attachment would have been entitled to resort to the property attached, if it had not been released. The bond takes the place of the property attached, and a liability on the bond arises for whatever judgment may be recovered.</p> <p>5. Former adjudication—whether conclusive—as to one not a party. A former adjudication is sometimes