Clark v. B. B. Richards Lumber Co.
Supreme Court of Minnesota
From an order of the district court for St. Louis county, Cant, J., granting plaintiff’s motion for an order of payment of certain money, and denying defendant assignee’s counter motion to amend a judgment, defendant assignee appealed. ' This case is to he distinguished from Weston v. Watts, 45 Hun, 219, as in that case the appointment of the receiver was without jurisdiction and void.
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From an order of the district court for St. Louis county, Cant, J., granting plaintiff’s motion for an order of payment of certain money, and denying defendant assignee’s counter motion to amend a judgment, defendant assignee appealed. ' This case is to he distinguished from Weston v. Watts, 45 Hun, 219, as in that case the appointment of the receiver was without jurisdiction and void. Where expenses are incurred by the court, acting through a duly-appointed and qualified officer, in reference to realizing and preserving any particular property in its custody, such property must ■respond to…
1Opinion of the CourtCollins, J.
This appeal arises out of the assignment for the benefit of creditors of the B. B. Richards Lumber Company, and the subsequent litigation between these parties, two appeals having been prosecuted in this court. See 68 Minn. 282, 71 N. W. 389, and 72 Minn. 397, 75 N. W. 605. For an understanding of the case we are compelled to state some facts which do not appear in the opinions formerly rendered.
*307When the assignment was made, part of the pine trees covered by the contract had been converted into lumber, which was in the yard and on the dock of the lumber company, and possession thereof was…
2Cases cited3 opinions
- Hooven, Owens & Rentschler Co. v. BurdetteIllinois Supreme Court · 1894
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1897
- Clark v. B. B. Richards Lumber Co.Supreme Court of Minnesota · 1898