Watkins v. Donnell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. • (1) A reasonable degree of diligence on part of C. H. Bartlett, assignee, is all tbat is necessary to entitle him to file an intervening petition in said cause, and especially is this true when, by filing of said intervening petition before distribution of said funds, no substantial injury would result in determining who is justly entitled to said fund. Park v. Coyne, 156 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Leo 8. Rassieur, Judge. • (1) A reasonable degree of diligence on part of C. H. Bartlett, assignee, is all tbat is necessary to entitle him to file an intervening petition in said cause, and especially is this true when, by filing of said intervening petition before distribution of said funds, no substantial injury would result in determining who is justly entitled to said fund. Park v. Coyne, 156 Mo. App. 379. (2) It was discretionary with the court to determine whether or not said Bartlett shall be permitted to file his intervening petition,…
1Opinion of the Court
ALLEN, J.-
This is a suit for the appointment of a receiver for the assets of the Donnell Manufacturing Company, a corporation, and for the dissolution of such corporation, though the appeal involves only the ruling of the trial court upon a motion of this ap^ pellant seeking to have the court set aside its judgment respecting the matter hereinafter referred to, and for leave to intervene.
*620The court appointed a receiver for the assets of the corporation, and thereafter a referee was appointed to hear and determine the claims of creditors. It appears that on December 20, 1912, the referee filed…
Also in this document: Concurrence.
2Cases cited1 opinion
- Meissner v. MeissnerWisconsin Supreme Court · 1887
3Cited by4 opinions
- School District of Ferndale v. Royal Oak Township School District No. 8Michigan Supreme Court · 1940
- Abeele v. RuseIndiana Court of Appeals · 1942
- Alamo Credit Corp. v. SmallwoodMissouri Court of Appeals · 1970
- State v. WilcoxMissouri Court of Appeals · 1949