Chicago Title & Trust Co. v. Newman
Chicago Title & Trust Co. v. Newman
Opinion of the Court
(after stating the facts as above).
The decree of the Circuit Court is affirmed.
For other cases see same topic &.§ number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
Reference
- Full Case Name
- CHICAGO TITLE & TRUST CO. v. NEWMAN
- Cited By
- 17 cases
- Status
- Published
- Syllabus
- 1. Corporations (§ 636*) — Foreign Corporations — Management — Equity Jurisdiction. A court of equity as a matter of discretion in the exercise of jurisdiction will not in general administer the internal affairs of a foreign corporation. [Ed. Note. — For other eases, see Corporations, Dec. Dig. § 636.*] 2. Corporations (§ 684*) — Foreign Corporations — Receivers—Jurisdiction. Where general appearances, though denominated special appearances, had been filed in a suit for a receiver of a foreign corporation, the Circuit Court had power to give them their full value and to decide the merits of the case, notwithstanding it involved the internal affairs of a foreign corporation. [Ed. Note. — For other cases, see Corporations, Cent. Dig. § 2606; Dec. Dig. § 684.*] •3. Appeal and Error (§ 854*) — Demurrer to Bill — Wrong Reason. Where the circuit court sitting in equity in a suit for receiver of a foreign corporation had power to sustain a demurrer to the bill for want of equity, it was not material, on an appeal by the receiver from an order denying the receiver’s right to retain fees and expenses out of the corporation’s assets on being ordered to return the same to the corporation’s officers, that the court may have assigned an erroneous reason for sustaining the demurrer. [Ed. Note. — For other cases, see Appeal and Error, Cent. Dig. § 340S; Dec. Dig. § 854.*] 4. Corporations (§ 684*) — Foreign Corporations — Receivers—.Turisdiction —Expenses—Fees . Where a bill for the appointment of a receiver of a foreign corporation was dismissed on demurrer for want of equity, and it appeared that the receiver’s services during his custody of the assets and business of the corporation had not enhanced the value of the estate, the court properly refused to tax the receiver’s expenses for compensation and attorney’s fees against the fund ordered by the court to be returned to the corporation’s directors; the receiver’s remedy being an application for a judgment for such fees against the complainant. [Ed. Note. — For other cases, see Corporations, Dec. Dig. § 6S4.*]