Tolman v. Jones

Citations

• 114 Ill. 147
• 28 N.E. 464

Syllabus

<p>1. Contempt—refusal to obey order of court to deliver certain properly into the hands of a receiver—effect of mere error in the order—or where a portion of the order is void—as to duty of person so directed. Where a court of chancery has acquired jurisdiction over the property of an insolvent corporation, and of the defendant claiming the same, its order on the defendant to assign and turn over the property claimed by him, to a receiver, for its preservation, must be obeyed, however erroneous it may be; and the fact that such order may be too broad, and require the transfer of some of the property wrongfully, will not justify the defendant in refusing to obey.</p> <p>2. An error in the exercise of the jurisdiction of the court in the ordering of one of the defendants to assign and deliver to the receiver some property not belonging to the corporation, will not render the order void as to such property, and justify the defendant in refusing to obey the same. In such case the tests of jurisdiction as to the subject matter are the allegations of the bill, and not the proof under it.</p> <p>3. But even if the order of the court is void in part in requiring the surrender of property not derived from the corporation, the remedy of the defendant is to apply to the court for a modification of the order. If he fails to pursue this remedy, and refuses to obey the order, he may be committed for a contempt of court.</p> <p>4. Same—rule to show cause—whether necessary, before commitment. Where a party’s refusal to make an assignment of property to a receiver in pursuance of an order of the court, is reported to the court, and he is present when the matter is considered, and makes no objection to the proceeding, and is fully heard, by himself and counsel, in the matter, and after being ordered by the court to execute the assignment refuses to do so, the court -will be justified in making an order for his commitment for a contempt, without any rule on him to show cause to the c