Wilson v. Davis
Montana Supreme Court
Appeal from the First District, Gallatin county. This case came before the court at the August term, 1870, and the facts are contained in the report on page . In October, 1867, Wilson brought this action in the first district in Gallatin county. After a hearing at chambers, the court, Hosmer, J., appointed a receiver to take charge of the property in controversy, and issued an order restraining some of the defendants from interfering with the same.
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Appeal from the First District, Gallatin county. This case came before the court at the August term, 1870, and the facts are contained in the report on page . In October, 1867, Wilson brought this action in the first district in Gallatin county. After a hearing at chambers, the court, Hosmer, J., appointed a receiver to take charge of the property in controversy, and issued an order restraining some of the defendants from interfering with the same. The other facts appear in the opinion. Upon the hearing on appeal, the appellants filed the affidavit of T. Thoroughman, Esq., one of their…
1Opinion of the CourtWarren, C. J.
This purports to be an appeal from an order made in this court at chambers by Hon. H. L. Hosjier, judge of the first judicial district court at Madison county, on the motion of the respondent appointing a receiver.
The appointment of a receiver is an interlocutory proceeding, and from such an order no appeal lies. The record shows no motion to dissolve the injunction, and no order refusing to dissolve it, and no final judgment or order from which an appeal could be taken.
The bill of exceptions filed with the transcript, and the original bond filed in this court, show that it was intended to…
2Cited by4 opinions
- Reed v. Woodmen of the WorldMontana Supreme Court · 1933
- State ex rel. O'Grady v. District CourtMontana Supreme Court · 1921
- Stebbins v. SavageMontana Supreme Court · 1884
- Cotter v. CotterMontana Supreme Court · 1895