Legal Opinion

Varnum v. Leek

Supreme Court of Iowa

Decided April 22, 1885PublishedCited by 8 opinions

Appeal from Poweshiele District Court. Action for a partition of real estate. The plaintiff, after the action was brought, applied for the appointment of a receiver. The court refused the application. From the order the plaintiff appeals.

1Opinion of the CourtAdams, J.

Whether an appeal lies from a refusal to appoint a receiver, or whether, in case it lies, we should be justified in reversing, in the absence of a showing of abuse of discretion, we need not determine. It appears to us that no proper ground was shown for the appointment of a receiver, and that in no view could the refusal be held to be error. The application for a receiver was submitted upon the pleadings, which consisted of the plaintiff’s original petition, the defendant’s answer thereto, and the plaintiff’s petition for a receiver. In the original petition, the plaintiff averred that he…

2Cases cited4 opinions

  1. Israel v. IsraelCourt of Appeals of Maryland · 1869
  2. Austin v. BarrettSupreme Court of Iowa · 1876
  3. Sears v. SellewSupreme Court of Iowa · 1870
  4. Noble v. McFarlandIllinois Supreme Court · 1869

3Cited by8 opinions

  1. Washington County Irrigation District v. TalboyIdaho Supreme Court · 1935
  2. Van Ormer v. HarleySupreme Court of Iowa · 1897
  3. Sagen v. GudmansonSupreme Court of Iowa · 1914
  4. Lawrence v. MelvinSupreme Court of Iowa · 1926
  5. Belknap v. BelknapSupreme Court of Iowa · 1889

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