1012 CHI15thAN v. C601{. . [169 • C iair4viic 4 ) . . CO • O • K. • • ;. Opinion; deliver.ed,November 30, 1925.. . REetIVER§J-LIABILITY: reeefiTer is • the nainiaterial' officer Of the tourt,.appointin g hhu,! arid 'must 'obe y ' itS orders, 'And doeS not incur , personal. liability -• in...so , ;doing: ;.; • ,. . 2.. receiyer- inCurs no; perSbnal jiabi . iityi in ,.. turning; , ffer money in .han,dsi to one ,of, i the : parties:Lin . 1 Obediehae to the . JUdgMent of the cOurt,:i i hougb such . judgment was 'affe' rWaras : rberted, *here' t ' he jUdgMeni WAS, na''suSPerided 'hY • • 'O'i-dei..!•Of; the ! dotit • 'cit' by= i supersedeas 'bora, as.`ifie ! jUdgindliV WaS ; ji . alfd• .,andt , bindin g ; until reversed , or . superseded.--•-• • ' Ah j eal fronfUniOn Chancery Court First DiviSion • j. T ; . Ste . v4 . ts , ' ChanCellor; reverSed. ..S E. Oilliann,, Yor,apPellant. ,J R Wilson and E. W. , . McGousk for . appellee.- • • ,A decree was: obtained in -the cery,eourt.of :. Union County•lay Belle -CaVe .against J. R. - Poc*.o,n'IDecember18,• 1922, for:$,Z850, and for'the return • •of the7 Eiksflothl, . Which • the, boUrt . prior: :thereto ::had -Placed :in ;the. hands . of ,.a• receiver -pending: the result :of litigation betWeen . -said parties ,grOwing ,-ont , of t a•lease •of ,said :property:— Thé. 'decree ,also directed, ,the receiVer to'pay Belle C axe , all Ahe reeeiver§hip funds :his -hands, -after ' paying the.receivership, expenSes,.andi court costs, to.. be !applied . On. her ,jUdgment.,. , .. :the ,day.. of • the rendition,of -the .judgnient , ,J. Cool, prayed ! for an ,appeal to, the , Supreme, ,Court;;-which .:.'was . :granted.. A stay.of ;execution. Was.: not requested . at -the.lime,.until,.a, snpers . edea,s-f bond, -cotild . he; filed ' Ounthe-2-2nd day of .December,. -four ;days , 'after: -the rendition • of the judgment,..the; receiver returned the hotel! . property .to l3 . elle• Cave; and • paid , her. • $1,250 out. of -.the reeeivership -funds' on-her, -judgment, :leaving a -balance of , $620.17- 'in aftet :paying , the .expenseS . of. the 4.eceiVership. • On -the12nd, day. of • February;• : 1923, threceivet, E.. -D. Chipman, filed his final report showing theselactS. . The receiver took , credit in' the,rep . ort . for $1,125 c lor-hiS own .$ervices. ,Cobk,,filecian, exception. to : this item of
ARK.] CHIPMAN v. COOK. 1013 credit in the report. The trial court heard the exception and allowed the receiver $1,000 for his services, after which he approved the report in all , things. Both parties excepted to the amount of the allowance, and prayed an appeal to the Supreme Court, whieh was 'granted. J: R. Cook. then reqUested, and was given ten days in which ,to file a -supersedeas bond: -The bond was filed On the dab day of 'February; 1923; and within the time: allowed.•in the ;order 'approving- the 'receiver's report, and was the only , sfipersedeas .bond filed: in , the case: Bello Cave retained possession'of said hotel about two months after the redeiver turned it badk to her. before she sold same; During the two months she retained the possossion thereof, she entered-a credit on her judgment against Cook for $825, the rental value thereof under the original lease. She also . entered a . credit on her judgment for $1,260, which the receiVer 'had paid. her on the ,order of the. trial court in the ,decree of December 18; 1922. J. R. Cook prosecuted his iappeal from the original judgment and the order fixing the receiver's fee, and obtained a, reversal thered with_ directions to • the trial ,court to render a decree in his favor against Belle Cave for the amount due and unpaid under, the original lease, And . a reduction of the allowance to- the receiver for services to $590. Cook v._ Cave, 163- Ark. 407. The . trial court: complied with the mandate of this court , in these respocts. When the mandate was filed . with the trial court; ,J.; R..Cook, the appellee .herein,,.filed a petition seeking: to recover a personal judgment against the receiver E. P. Chipman, and the bondsmen; John A.:Cobb and. -T: W. Rives, for the sum, of $1,250, which, the receiver had. paid,to Cave' under the,decree of December 18 , , 1922, and the mil of $825 . as rent on the hotel for_ the time, Belle , . Cave occupied same after he returned the possession thereof to her. It was alleged in the petition that the receiver should have retained the possession of the hotel, and collected the rents thereon during this . period. ; . also that the' receiver exceeded his .authority in paying the, swn ,og $1,250 to Belle Cave after the prayer for an appeal from
1014 Cuip.m.A NV. COOK.-[169 the decree on December 18, 1922, had been granted by the 1 trial court. • Appellants admitted that appellee was en-1 titled' to recover froin them the amount of the reduction of the receiver's fee of $625, and the cash balance of •$620.17 of receivership funds in the receiver's hands,as shown,by the ! report.. UPon a hearing • of the . petition the court entered a jUdgMent • against the receiver- and his bonds-: the . appelIants herein, for $1,250, in : addition to the ti r ó itemS aforesaid. ApPellants appeal from that portion of 'the decree adjudging them to pay appellee .the $1;250 item, .and appellee appeals from , the refusal of the court tO :enter judgment in his favor against theM for the rent item of $625. -• •••• :1 _ • .1, It will be observed that . the reodiver turned the hotel property back to Belle Cave, and ,phid her the sum • of $1,250 under a decree of court, which had-not .been sus,_ pended by an order of the :eourt, rendering it, or by the filing of a suPersedeas bond. Strictly speaking, a reCeiver is a miniSterial officer of the court apPointing him It is his • duty to obey the orders of-the court, and he incurs no personal liability in carrying . out the court's instructions ; Otherwise 'he would be penalized for obedience. 23 R. C. 1,;-7-8 and 79 , 80 ;.How v. Jones, 60 Ia.-70; t) Willis v. Sharp, 124 N: Y. 406; Plat v. N. .E,R. Co., 170 N:. Y: 450. : " The' same rnle governs, .although the judk-inefit : or : decree under which the receiver acted was afterwardS . reversed, as the judgment was valid . until teVersed; and was effective unlesS suspended' by . order of : court or supersedeas 'bond. Dodson v. Butler; 101 Ark.-416; Meeks v. State; 80 Ark: 579. • Tinder the rule announced the trial , court waS in errOr in rendering judgnient against aPpellants for the restitution of $1,250. The reeeiVer paid Belle 'CaVe under the instructions of the 'court:-' * The decree is reversed in this iiarticular, and 'the canse is remanded with directions to enter judgment in *accordance with this opinion, and to adjudge the cost§ accruing after appellant's offer to Pay against appellee.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.