Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 210
viii, 704 p. ; 22 cm.View a full description of this book.
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210 WEEMS v. LATHROP. [Term of
Opinion of the Court.
below from recovering of defendant anything for the hire of
the slaves for the years 1861, 1862, and 1863. A verdict was
rendered in favor of Lathrop, as receiver, for four thousand
nine hundred and seventy-eight dollars, with interest at eight
per cent. per annum, from the first day of January, 1860, and
for four hundred and sixty-seven dollars, with eight per cent.
per annum interest, from the first day of January, 1861, upon
which verdict judgment was entered up for eleven thousand
four hundred and four dollars and forty-one cents, and Weerns
appealed.
JE. J. Wilson and Gray, Botts & Baker, for appellee, cited
Williams v. Randon, 10 Texas, 74; Henderson v. Kissam, 8
Texas, 46; 1 Bland, 213; Edwards on Receivers, 2; Compton
v. Bearcroft, 2 Bro. C. C., 158; Middleton v. Dodswell, 2
Dan. Ch. Pr., 1734; 13 Vesey, 266; Lloyd v. Passinghamn, 16
Id., 59; 4 Price, 346; 4 Paige, 574; Walker v. Wild, 1,
Madd. Ch. R., 528; 1 Smith's Oh. Pr., 501.
Ballinger, Jack & Jiott, for appellee, cited Wynn v. Lord
Newborough, 3 Brown C. C., 88; Pitt v. Snowden, 3 Atkyn,
750; Brandon v. Brandon, 5 Mad., 473; Tillinghast v. Champlin,
4 Rhode Island, 173; Kerr on Receivers, 239; Edwards on
Receivers, 485.
GOULD, J. The first and principal question is, whether the
appointment of Brooks as receiver expired at the next term
of court after it was made. Ordinarily the appointment of
a receiver continues during the pendency of the suit, until
the decree is rendered. In the forms of such orders, at least
in some of them, no time is expressed. (Edwards on Receivers,
563, 381-2; Williamson v. Nilson, 1 Bland, 428438).Such being the general rule, growing out of the fact that
the reasons for the appointment usually continue to operate
until the case is tried and decided, it follows that where the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28531/m1/218/?rotate=90: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .