Taintor v. St. John
Montana Supreme Court
Appeal from District Court, Rosebud County; Geo. W. Pier-son, Judge. Action by C. M. Taintor against C. C. St. John. From a judgment for plaintiff and from orders annulling an order appointing a receiver, and denying a new trial, plaintiff appeals. Appeal from order annulling the appointment of the receiver dismissed. Order denying new trial affirmed. The court erred in vacating and annulling the order appointing a receiver.
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Appeal from District Court, Rosebud County; Geo. W. Pier-son, Judge. Action by C. M. Taintor against C. C. St. John. From a judgment for plaintiff and from orders annulling an order appointing a receiver, and denying a new trial, plaintiff appeals. Appeal from order annulling the appointment of the receiver dismissed. Order denying new trial affirmed. The court erred in vacating and annulling the order appointing a receiver. As the order appointing a receiver was an appealable order (sec. 7098, Rev. Codes), and no appeal was taken therefrom, the lower court was without jurisdiction to vacate…
1Opinion of the CourtJustice Holloway
After C. M. Taintor and C. C. St. John had been jointly interested in certain range livestock and equipment for carrying on the business for a time, this suit was instituted by Taintor against St. John to terminate the relationship, for an accounting, and for the appointment of a receiver. On January 23, 1912, after a hearing at which both parties were present in person and by counsel, a receiver was appointed. On June 28 following the cause was committed to a referee to take testimony and report findings. Before the conclusion of the hearing the parties effected a compromise of their…
2Cases cited7 opinions
- State ex rel. Jackson v. KennieMontana Supreme Court · 1900
- Tuohy's EstateMontana Supreme Court · 1899
- Lyon v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1914
- Thornton-Thomas Mercantile Co. v. BrethertonMontana Supreme Court · 1905
- Forrester & MacGinniss v. Boston & Montana Consol. Copper & Silver Mining Co.Montana Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re ThompsonMontana Supreme Court · 1926
- Ringling v. BieringMontana Supreme Court · 1928
- Woodward v. PerkinsMontana Supreme Court · 1946
- Payne v. Mountain States Telephone & Telegraph Co.Montana Supreme Court · 1963
- Sheridan County Electric Co-Op., Inc. v. AnhaltMontana Supreme Court · 1953
6 more not listed; retrieve them via the Exa API.