{
  "id": 2857090,
  "name": "Frank Gibis, Defendant in Error, v. Wallace C. Abbott et al., Plaintiffs in Error",
  "name_abbreviation": "Gibis v. Abbott",
  "decision_date": "1916-02-24",
  "docket_number": "Gen. No. 21,203",
  "first_page": "167",
  "last_page": "168",
  "citations": [
    {
      "type": "official",
      "cite": "198 Ill. App. 167"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 233,
    "char_count": 3071,
    "ocr_confidence": 0.516,
    "sha256": "2779aa6f6079b16a74a1dd476ee053a76aaae615077187a21a5bdad7dc627f83",
    "simhash": "1:cd59c361e4af52be",
    "word_count": 514
  },
  "last_updated": "2023-07-14T18:11:33.440984+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Frank Gibis, Defendant in Error, v. Wallace C. Abbott et al., Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Frank & Lurie, for plaintiffs in error.",
      "Gallagher & Messner, for defendant in error.",
      "U. P. Gallagher, for Harry D. Knight, Receiver."
    ],
    "corrections": "",
    "head_matter": "Frank Gibis, Defendant in Error, v. Wallace C. Abbott et al., Plaintiffs in Error.\nGen. No. 21,203.\n(Not to be reported in full.)\nError to the Superior Court of Cook county; the Hon. Denis E. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.\nWrit dismissed.\nOpinion filed February 24, 1916.\nStatement of the Case.\nBill filed by Frank Gibis, complainant, against Wallace C. Abbott and others, defendants, to wind up and dissolve a corporation, The Abbott Press, under section 25, ch. 32, Rev. St. (J. & A. 2442). From an order directing that assets be turned into custody of the court, defendants sued out writ of error.\nA receiver was appointed to take possession of its assets to whom the corporation, its officers, agents, etc., were directed to surrender them. The bill charged among other things that the O\u2019Donnell Bromley Company, a corporation, was in possession of assets belonging to The Abbott Press, and had acquired such possession through fraudulent transfers without consideration, on which issue was taken by answer.\nLater the receiver filed a report and petition reiterating the charge and alleging a demand on and failure by said O\u2019Donnell Bromley Company and other defendants to turn over such assets, and asked that they be directed so to do, and in default thereof to show cause why they should not be punished for contempt.\nThe matter coming on to be heard on said petition and a joint answer thereto, and the sworn pleadings in the case as evidence, the court entered an order finding that The Abbott Press transferred all of its assets save its franchise to said O\u2019Donnell Bromley Company through another defendant, Jeremiah J. O\u2019Donnell, without any consideration, and also containing the following finding: \u2018 \u2018 That it is for the best interest of all the parties to this suit that the said assets should be taken into the custody of this court during the pendency of this suit and preserved until the final determination of the issues herein;\u201d and the order directed that respondents turn over to the receiver such assets so transferred as was in their possession or under their control.\nAbstract of the Decision.\nAppeal and error, \u00a7 315 \u2014when order in receivership proceedings not final order for which writ of error may he granted. An order entered by chancellor in receivership proceedings, the language of which indicates the placing of property in custodia legis until the determination of the issues, including the right thereto, is not a final order for which writ of error may be granted.\nThis writ of error is sued out to review such order. A motion to dismiss the same on the ground that the order was not final and a writ will not therefore lie was without full consideration thereof reserved to the hearing.\nFrank & Lurie, for plaintiffs in error.\nGallagher & Messner, for defendant in error.\nU. P. Gallagher, for Harry D. Knight, Receiver.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0167-01",
  "first_page_order": 191,
  "last_page_order": 192
}