Ford v. Kansas City & Independence Short Line Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) A court of equity has no jurisdiction, in the absence of a statute expressly conferring such jurisdiction, to appoint a receiver for a corporation and to wind up its affairs. High on Receivers [2 Ed.] secs. 287, 288, 298, 299, 313, 343, 365, note 1; Beach on Receivers, secs. 403, 409, 415; Pond v. Railroad, 130 Mass. 194; Trust Co. v. Railroad, 101 N. Y. 478; Baker v. Railroad, 34 La.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) A court of equity has no jurisdiction, in the absence of a statute expressly conferring such jurisdiction, to appoint a receiver for a corporation and to wind up its affairs. High on Receivers [2 Ed.] secs. 287, 288, 298, 299, 313, 343, 365, note 1; Beach on Receivers, secs. 403, 409, 415; Pond v. Railroad, 130 Mass. 194; Trust Co. v. Railroad, 101 N. Y. 478; Baker v. Railroad, 34 La. Ann. 754; s. c., 9 Am. Corp. Cases, 366; Neal v.-Hill, 16 Cal. 145; Case of People ex rel., 31 Mich. 456; Jones v. Bank, 10 Col. 464; Brown…
1Opinion
ON MOTION FOR REHEARING.
Smith, P. J.
The plaintiffs find fault with our construction of section 2664, Revised Statutes, which provides that if any railroad corporation formed under article 2, chapter 42, shall not begin the construction of its road and shall not within one year thereafter expend thereon not less than ten per cent, on the amount of its capital, “its corporate existence a/nd powers shall cease.”
It stands admitted that the defendant railway company had wholly failed to comply with the said statutory requirement. It is further admitted that the corporation has only collected of…
2Cases cited6 opinions
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- Matter of Kings County Elevated R.R. Co.New York Court of Appeals · 1887
- Farnham v. . BenedictNew York Court of Appeals · 1887
- Farmers' Bank v. GartenSupreme Court of Missouri · 1863
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