Va., Tenn. & Car. Steel & Iron Co. v. Wilder

Citations

• 88 Va. 942
• 14 S.E. 806
• 1892 Va. LEXIS 53

Syllabus

<p>1. Becbiver—Appointment— Quaire.—Conceding for argument sake, than an appellate judge has the right, as auxiliary to the power to grant an injunction given him by Code, § 3438, to appoint a receiver (as to which, quiere), yet- where the claims are unascertained and are small in comparison with the property sought to be sequestrated, and no notice of the application has been given the defendants, and an offer has been made to secure those claims should they be established, by giving any bond that may be required;</p> <p>Held :</p> <p>Error to appoint such receiver.</p> <p>2. Appeal— Its effect—Case at bar.—Where such receiver has been appointed, and the circuit judge has declined to enforce the order, and this court has issued a mandamus to compel its enforcement, and “ contempt proceedings ” have been instituted against said circuit judge;</p> <p>Held :</p> <p>An appeal from the order appointing such receiver stays all proceedings under said order, and said mandamus and “ contempt proceedings ” should be dismissed.</p>