Grandin v. LaBar
North Dakota Supreme Court
PPEAL from District Court, Traill County. ■ Hon. William B. McConnell, Judge. Action in equity by John L. Grandin and William J. Grandin against E. G LaBar to quiet title to land. Before trial, and without notice to defendant, a receiver was appointed to take the crops planted by defendant on the land, and from the order making such appointment defendant appeals. The appointmént of the receiver ex parte was error.
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PPEAL from District Court, Traill County. ■ Hon. William B. McConnell, Judge. Action in equity by John L. Grandin and William J. Grandin against E. G LaBar to quiet title to land. Before trial, and without notice to defendant, a receiver was appointed to take the crops planted by defendant on the land, and from the order making such appointment defendant appeals. The appointmént of the receiver ex parte was error. It- is only in cases of the greatest emergency that such should be done. High on Beceivers, § 111; Yerplank v. Insurance Co., 2 Paige 438; Sanford v. Sinclair, 8 Paige 373; People…
1Opinion of the Court
The opinion of the court was delivered by
Wallin, J.
On June 29, 1891, after issue was joined in this, action by service of an answer denying the material allegations of the complaint, but before trial, the district court, on plaintiff’s application and by an order made herein, wholly ex parte, appointed a receiver of certain growing crops which were sown by" defendant upon the lands in question, upon which the defendant then resided and long had resided. Upon due notice defendant moved in the district court to vacate the order appointing a receiver. The court denied the motion to vacate such…
2Cases cited4 opinions
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