Kerns v. Morgan
Idaho Supreme Court
ORIGINAL application by A. G. Kerns, receiver of the property of tbe Coeur d’Alene Bank, insolvent, to review the action of Hon. R. T. Morgan, District Judge, in making an order recalling an execution and restraining its further execution. Order vacated and annulled.
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ORIGINAL application by A. G. Kerns, receiver of the property of tbe Coeur d’Alene Bank, insolvent, to review the action of Hon. R. T. Morgan, District Judge, in making an order recalling an execution and restraining its further execution. Order vacated and annulled. Also original application by the California Consolidated Mining Company, a corporation, for a writ of certiorari to review the action of Hon. R. T. Morgan, District Judge, in making an order vacating and setting aside a previous void order. Writ quashed. No briefs filed. STATEMENT OP PACTS. This is a continuation of the case of…
1Opinion of the CourtAilshie, J.
(After making the statement of facts.)— Keane and the California Consolidated Mining Company were total strangers to the case of Kerns, Receiver, v. McAulay and DeLashmutt, and to recognize their right, or that of any other stranger to the proceeding, to come in by petition or otherwise, without notice to the receiver or anyone interested in the proceeding, and procure an ex parte order, like the one of January 7th, affecting the entire assets of the insolvent estate, would be permitting a practice contrary to every principle of law and justice, and too dangerous to be tolerated for a moment.…
2Cases cited1 opinion
- People v. GreeneCalifornia Supreme Court · 1887
3Cited by13 opinions
- Suitts v. First Security Bank of Idaho, N.A.Idaho Supreme Court · 1985
- Savage v. StokesIdaho Supreme Court · 1934
- McAllister v. EricksonIdaho Supreme Court · 1927
- Airstream, Inc. v. CIT Financial Services, Inc.Idaho Supreme Court · 1988
- Shumake v. ShumakeIdaho Supreme Court · 1910
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