Legal Opinion

Saylor v. Mockbie

Supreme Court of Iowa

Decided June 27, 1859PublishedCited by 9 opinions

Appeal from the Polk District Court. This was a bill in chancery to settle the accounts of a partnership between the complainant and defendant, and for other relief.

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Appeal from the Polk District Court. This was a bill in chancery to settle the accounts of a partnership between the complainant and defendant, and for other relief. Upon the allegation of the complainant in his bill, that defendant had in -his possession the books of account of the partnership, and -also certain bonds of the county of Hamilton, amounting to ihe sum of $1040, the property of the firm, which, in the absence of the complainant, he had taken from the bank where they were deposited, and which he holds, together with the books of said firm, refusing to permit the complainant to…

1Opinion of the CourtStocktoN, J.

The District Court has power to appoint a receiver in any civil action or proceeding, on the petition of either party, showing that he has a probable right to any of the property which is the subject of the controversy, and that such property is in danger of being lost, or materially injured or impaired, if satisfied that the interests of one or *212both the parties will be thereby promoted, and the substantial rights of neither unduly infringed upon. Such receiver is to take charge of, and control the property, under the direction of the court. Code, section 1656. The apointment of a receiver in…

2Cited by9 opinions

  1. Hovey v. ElliottSupreme Court of the United States · 1897
  2. Ex parte GraceSupreme Court of Iowa · 1861
  3. Wehmeier v. Mercantile Banking Co.Indiana Court of Appeals · 1912
  4. Finance Co. v. . HendrySupreme Court of North Carolina · 1925
  5. Beaufort County Lumber Co. v. CottinghamSupreme Court of North Carolina · 1915

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