Blades v. Billings Mercantile Co.
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Eon, John T. Moore, Judge. (1) The order appointing the receiver should be vacated, because a receiver should not be appointed to take defendant’s property out of its hands except in cases of extreme necessity, and never when any other remedy is available, such as injunction or attachment, where a bond is required. Such other remedies were open to the plaintiff in this case. 34 Cyc. 23, 25; 17 Ency.
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Appeal from Christian Circuit Court. — Eon, John T. Moore, Judge. (1) The order appointing the receiver should be vacated, because a receiver should not be appointed to take defendant’s property out of its hands except in cases of extreme necessity, and never when any other remedy is available, such as injunction or attachment, where a bond is required. Such other remedies were open to the plaintiff in this case. 34 Cyc. 23, 25; 17 Ency. Pleading and Practice, 728; Laurel Springs Land Co. v. Tonger, 26 Atl. 886; Etowah Mining Co. v. Mills Yal. Co., 17 Southern 522'; Jones v. Smith, 40 Fed.…
1Opinion of the CourtNixon, P. J.
This appeal is from an order overruling a motion of the defendant, Billings Mercantile Company, to vacate an order appointing a receiver to take charge of the said defendant’s property, said order having been made in vacation by the judge of the circuit court of Christian county on the 8th day of October, 1910, the day the petition was filed. The petition upon which said order was made is as follows: (Caption omitted.)
“Plaintiffs state that the Billings Mercantile Company is a corporation, ■ duly organized under the laws *354of the State of Missouri, and until about the- first day of August,…
2Cases cited3 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Loomis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- State ex rel. Hadley v. People's United States BankSupreme Court of Missouri · 1906
3Cited by8 opinions
- Caldwell v. EubanksSupreme Court of Missouri · 1930
- Bushman v. BushmanSupreme Court of Missouri · 1925
- State Ex Rel. Priest v. CalhounMissouri Court of Appeals · 1920
- Simplex Paper Corp. v. Standard Corrugated Box Co.Missouri Court of Appeals · 1936
- Moore v. Associated Producing & Refining Corp.Court of Chancery of Delaware · 1923
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