Whitney v. Hanover National Bank

Citations

• 71 Miss. 1009

Syllabus

<p>1. Chancery Practice. Parties. Application to be made defendant.</p> <p>One cannot, on his own application, over the objection of complainant, be made a defendant to a suit in chancery.</p> <p>2. Beceiver. Insolvent corporation. Ex parte application. Appointment void.</p> <p>The appointment of a receiver for a bank, on its ex parte application, though the corporation is insolvent, is void, and the decree therefor, as well as all steps by the receiver thereunder, are subject to assailmeut collaterally, and may be disregarded; and this, although, on the receiver’s application, a decree has been rendered in the case, enjoining all persons from suing the bank.</p> <p>■3. Same. Jurisdiction to appoint. Absence of lien. Const. 1890, §§ 147, 160.</p> <p>But where, under such void appointment, the chancery court has taken control of the bank’s assets, and creditors, although without liens, file an independent creditors’ bill for the preservation of the assets, a decree in such suit appointing a new receiver, even if erroneous, is not subject to collateral attack as being void for want of jurisdiction. Especially is this true under constitution 1890, which, by § 160, dispenses with the necessity for exhausting legal remedies before invoking the jurisdiction of equity, and, by $ 147, forbids reversal of judgments in civil causes merely for a mistake of jurisdiction as between equity and common law.</p> <p>4. Supreme Court. Power to reverse. Jurisdiction. Const. 1890, ? 147.</p> <p>Section 147, constitution 1890, is not applicable to a decree appointing a receiver, void because made on ex parte application of a debtor, such unauthorized proceeding not being a “ cause ” within the meaning of said section.</p> <p>o. Same. Mistake of jurisdiction. Judgment. Collateral attack.</p> <p>Section 147, constitution 1890, by forbidding reversal of judgments and decrees in civil causes for mistake of jurisdiction as between equity and common law, necessarily exempts them from collatera