Legal Opinion

State Journal Co. v. Commonwealth Co.

Supreme Court of Kansas

Decided January 15, 1890PublishedCited by 3 opinions

Error from Shawnee District Court. On April 11, 1885, the Commonwealth Company brought its action against the 'State Journal Company and others, in the superior court of Shawnee county, to recover $5,960.34 and interest upon three promissory notes, and also to foreclose two chattel mortgages covering the newspaper office, printing material, etc., of the Journal Company, given to secure the payment of the notes.

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Error from Shawnee District Court. On April 11, 1885, the Commonwealth Company brought its action against the 'State Journal Company and others, in the superior court of Shawnee county, to recover $5,960.34 and interest upon three promissory notes, and also to foreclose two chattel mortgages covering the newspaper office, printing material, etc., of the Journal Company, given to secure the payment of the notes. The appointment of a receiver was also prayed for in the petition. Two of the notes were overdue at the time the action was commenced; one note for $2,216 was dated January 19, 1885,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

2. Receiver — irpoStmentC It is contended that the Commonwealth Company was not entitled to have a receiver appointed; therefore that the order making the appointment was erroneous, and that this company should be taxed with all the costs connected therewith. These costs aggregate over $2,000. As the receiver was appointed to receive and preserve the property, pendente lite, and as he was subsequently * ' •* * -i » discharged upon a bond executed voluntarily to the Journal Company, this company is in no situation to contest the costs of…

2Cases cited6 opinions

  1. Bradley v. ParkhurstSupreme Court of Kansas · 1878
  2. Eddy v. WeaverSupreme Court of Kansas · 1887
  3. Babbitt v. CorbySupreme Court of Kansas · 1874
  4. Morgan v. FieldSupreme Court of Kansas · 1886
  5. Clemenson v. ChandlerSupreme Court of Kansas · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Maas v. DunmyerSupreme Court of Oklahoma · 1908
  2. Baldwin v. McDonaldWyoming Supreme Court · 1916
  3. Seaverns v. StateSupreme Court of Kansas · 1907

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