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: 207
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1875.] WEEMS v. LATHEOP. 207
Statement of the case.
The law has provided in what way elections may be contested,
with the evident design that no other shall be pursued.
The jurisdiction of the District Court was dependent upon
compliance with the pre-requisites prescribed by the law; and
as the record does not show such compliance, we think the case
was correctly dismissed. The judgment is affirmed.
M. L. WEEMS V. A. S. LATHROP.
1. RECEIVER. The appointment of a receiver continues during the pendency
of the suit, and until the case is tried and decided, unless the
term of his office is limited by the order making the appointment.
2. POWERS OF RECEIVER. An order appointing a receiver, which recites,
"to take possession of said trust negroes, now remaining on said plan"
tation, and hire out the same from year to year, until the termination
"of this suit," authorizes the receiver to receive payment of notes taken
by and payable to himself, for the hire of the trust property remaining
in his hands at maturity; and whether he has such authority or not,
but actually collects, and fails to account, the sureties are liable on their
bond for the amount so collected.
3. Q:ceere? Is a receiver chargeable with interest on money reported
by him to the court as having been collected, and still remaining on
hand, where no order had been made requiring the payment of the
money into court ?
APPEAL from Matagorda. Tried below before the Hon.
rWm. H. Burkhart.
In the early part of the winter of 1858 Henry C. Manor and
James A. Coker, as administrators of William Manor, brought
suit against the heirs at law of their intestate, and others, supposed
to be interested, to establish the rights of the parties in
the hire of certain negroes named in the petition, of which
their intestate died possessed, and for partition. In their
petition the complainants asked that a receiver be appointed,
" with all proper and necessary directions to take possession of
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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.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/215/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .