Wills Valley Min. & Mfg. Co. v. Galloway

• Citation: 47 So. 141,155 Ala. 628
• Parties: WILLS VALLEY MINING & MFG. CO. v. GALLOWAY ET AL.
• Decision Date: 16 January 1908
• Court: Supreme Court of Alabama

47 So. 141

155 Ala. 628

WILLS VALLEY MINING & MFG. CO. v. GALLOWAY ET AL.

Supreme Court of Alabama

January 16, 1908

Rehearing Denied July 3, 1908.

Appeal from Chancery Court, Etowah County; W. W Whiteside Chancellor.

Motion by T. C. Galloway, as receiver of the Etowah Mining Company and others, that the Wills Valley Mining & Manufacturing Company be required to pay the receiver the amount ascertained and reported as the expenses of the receivership. Decree granting the motion, and the Wills Valley Mining &amp Manufacturing Company appeals. Affirmed.

Goodhue & Blackwood and Watkins & Thompson, for appellant.

W. T Murphrey, for appellees.

DOWDELL J.

The appellant, Wills Valley Mining & Manufacturing Company, filed a bill in the chancery court against the Etowah Mining Company, a corporation, and on its petition in said cause had the appellee T. C. Galloway appointed as receiver of the property of the defendant corporation. The said Galloway entered upon the discharge of the duties of such receivership, and as such receiver took possession and control of the defendant's property. An appeal was taken to this court from the order of appointment, and it was here determined that the appointment of the receiver was improper and the order appointing the receiver was reversed, and an order here made directing the receiver to restore the property. Etowah Mining Co. v. Wills Valley Mining & Mfg. Co., 106 Ala. 492, 17 So. 522. Subsequently, and after the remandment of the cause, the Wills Valley Company on its own motion had its bill dismissed. The decree dismissing the bill provided for the retention of the cause for the settlement of the receiver's account, which necessarily embraced all fees, costs, and expenses incident to the receivership. To this end the complainant continued a party to the cause, subject to all necessary orders of the court in the settlement of the receivership. A reference on order was had before the register for a statement of the account of the receiver, and on this reference it appears that the complainant, Wills Valley Company, was present by counsel and took an active part in the statement of the account. The register made his report on the statement of the account of the receiver, which said report was duly confirmed by the court. By this report the amount due the receiver was ascertained, and after confirmation of said report the court, on motion of the receiver that the complainant be required to pay the receiver the amount ascertained and reported, so ordered and...