Legal Opinion

State ex rel. Johnston v. District Court

Montana Supreme Court

Decided May 23, 1898PublishedCited by 16 opinions

Petition by Alex. J. Johnston for certiorari to the District Court of the Second Judicial District. Statement of the case by the justice delivering the opinion.

Read the full summary

Petition by Alex. J. Johnston for certiorari to the District Court of the Second Judicial District. Statement of the case by the justice delivering the opinion. The relator sets forth substantially the following facts in his petition for a writ: An action was commenced in the district court of Silver Bow county by J. D. Thomas and George P. Bretherton against the Thornton-Thomas Mercantile Company, a corporation, asking for the appointment of a receiver to take charge of all the property of said corporation, collect its rents, etc., and to sell the property of the corporation, and to…

1Opinion of the CourtHunt, J.

We think the learned counsel for the respondents has assumed a false premise in his brief, and upon it has constructed his argument. His error lies in the very statement of the question for consideration, which he puts as follows : ‘ ‘Is the person with whom a receiver of a court deposits money or property subject to the order of the court?” No doubt that, if the case were one where the cashier of a depository of a receiver’s funds had refused to obey the order of a court of competent jurisdiction to pay into the receiver’s hands money belonging to him as receiver, and held by the depository…

2Cases cited9 opinions

  1. People v. WeigleyIllinois Supreme Court · 1895
  2. Leopold v. PeopleIllinois Supreme Court · 1892
  3. Clark v. BurkeIllinois Supreme Court · 1896
  4. People v. O'NeilCalifornia Supreme Court · 1873
  5. People ex rel. Port Huron & Gratiot Railway Co. v. JonesMichigan Supreme Court · 1876

4 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State ex rel. Happel v. District CourtMontana Supreme Court · 1909
  2. State v. La FolletteOregon Supreme Court · 1921
  3. Ex Parte Elmer RenfroTexas Supreme Court · 1925
  4. In Re PeartCalifornia Court of Appeal · 1935
  5. In re JewettSupreme Court of Kansas · 1904

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API