State Ex Rel. Warren v. Douglass

The majority opinion is, in my judgment, based upon a misconception of the rules applicable to the appointment of a receiver for an express trust at the instance of an unsecured simple contract creditor possessing a complete and adequate legal remedy.

In Oklahoma, grounds for the appointment of receivers are prescribed by statute, section 773, O. S. 1931. A court has power to appoint upon grounds and only the grounds named. Evans, Adm’r, v. Clinton Bank (Ky.) 50 S. W.2d 563, 53 C. J. 38.

In receivership eases, the third element of jurisdiction (power to render the particular judgment) is…