Gold Hunter Mining & Smelting Co. v. Holleman
Idaho Supreme Court
The suit must be actually pending to justify a court of equity in appointing a receiver. (Baker v. Backus, 32 111. 79; Bank v. Kent, 43 Mich. 292, 5 N W. 627; Jones v. Bchalí, 45 Mich. 379, 8 N. W. 68; Hardy v. McClellan, 53 Miss. 507; In re Hancock, 27 Hun, 575.) A suit in chancery is not begun until the filing of the bill, and, if a receiver is appointed upon ex parte application before .the bill is filed, the appointment will be revoked upon appeal, .without considering…
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The suit must be actually pending to justify a court of equity in appointing a receiver. (Baker v. Backus, 32 111. 79; Bank v. Kent, 43 Mich. 292, 5 N W. 627; Jones v. Bchalí, 45 Mich. 379, 8 N. W. 68; Hardy v. McClellan, 53 Miss. 507; In re Hancock, 27 Hun, 575.) A suit in chancery is not begun until the filing of the bill, and, if a receiver is appointed upon ex parte application before .the bill is filed, the appointment will be revoked upon appeal, .without considering the merits of the application. (Crowder v. Moone, 52 Ala. 220; High on Deceivers, 2d ed., see. 83.) A general creditor…
1Opinion of the CourtMorgan, J.
The record in this case shows that, on the eighteenth day of December, 1890, the complaint of the Spokane National Bank, plaintiff, against Charles Hussey and David T. Ham, defendants, was presented to the Honorable Junius Holleman, judge of the district court of the first judicial district of this state, in an action then about to be commenced, for the foreclosure of a mortgage, given by the defendant Charles Hussey to the plaintiff, the Spokane National Bank, upon certain mining property, therein described as three mining claims, a concentrator and millsite, together with all water ditches,…
2Cases cited2 opinions
- Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
- Jones v. SchallMichigan Supreme Court · 1881
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- Labbitt v. BunstonMontana Supreme Court · 1927
- Washington County Abstract Co. v. StewartIdaho Supreme Court · 1903
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