State ex rel. Hadley v. People's United States Bank
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.— Horn. John W. McElhinney, Judge. (1) A receiver could not properly be appointed to wind up a perfectly solvent bank corporation (as was the defendant) on the facts alleged in the petition, if the general rules of equity jurisprudence are to he followed. No such jurisdiction in equity exists.
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Appeal from St. Louis County Circuit Court.— Horn. John W. McElhinney, Judge. (1) A receiver could not properly be appointed to wind up a perfectly solvent bank corporation (as was the defendant) on the facts alleged in the petition, if the general rules of equity jurisprudence are to he followed. No such jurisdiction in equity exists. Equity has power to appoint a receiver as incidental to a suit “to obtain some other relief which the court has power to grant,” but not otherwise, unless by statute. Miller Bros. v. Perkins, 154 Mo. 637; Matter of Gen. Electric Co., 143 N. Y. 263; Fischer v.…
1Opinion of the CourtLamm, J.
Defendant bank, by virtue of Revised Statutes 1899, section 806, appeals from an order of the circuit court of St. Louis county entered August 15, 1905, refusing to revoke an interlocutory order, granted on a second amended petition, appointing a receiver to take charge of, and to wind up, its affairs.
On motion here the cause was advanced in obedience to the command of said section of the statute and set down for hearing at the January call, 1906, in Banc. *581At that time it was argued orally and leave granted plaintiff and defendant to file briefs. During February, 1906, these briefs were…
2Cases cited17 opinions
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- Wayne Pike Co. v. HammonsIndiana Supreme Court · 1891
- D. A. Tompkins Co. v. Catawba MillsU.S. Circuit Court for the District of South Carolina · 1897
- Schmidt v. MitchellCourt of Appeals of Kentucky · 1897
- Cameron v. Groveland Improvement Co.Washington Supreme Court · 1898
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3Cited by10 opinions
- Cantwell v. Columbia Lead Co.Supreme Court of Missouri · 1906
- Niedringhaus v. William F. Niedringhaus Investment Co.Supreme Court of Missouri · 1931
- State Ex Rel. Priest v. CalhounMissouri Court of Appeals · 1920
- Blades v. Billings Mercantile Co.Missouri Court of Appeals · 1911
- Simplex Paper Corp. v. Standard Corrugated Box Co.Missouri Court of Appeals · 1936
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