Farmers National Bank v. Backus
Supreme Court of Minnesota
Petition in the district court for Ramsey county by James A. Owens, receiver in the above entitled action, praying that plaintiff be required to pay him the amount of his fees and disbursements. From an order, Otis, J., adjudging the amount, and directing plaintiff to pay the same to petitioner, or to show cause why its officers should not be adjudged guilty of contempt, plaintiff appealed. Plaintiff was not in esse, and hence the court had no jurisdiction.
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Petition in the district court for Ramsey county by James A. Owens, receiver in the above entitled action, praying that plaintiff be required to pay him the amount of his fees and disbursements. From an order, Otis, J., adjudging the amount, and directing plaintiff to pay the same to petitioner, or to show cause why its officers should not be adjudged guilty of contempt, plaintiff appealed. Plaintiff was not in esse, and hence the court had no jurisdiction. A receiver is not the agent of the parties, and his contracts and liabilities are those of the court. His commissions and expenses are…
1Opinion of the CourtStart, C. J.
The respondent, James A. Owens, presented his verified petition to the district court of the county of Ramsey, which set forth substantially these facts: The petitioner, on July 3, 1895, was by order of the court appointed receiver in this action of the real estate which was the subject-matter thereof (conceded on the argument to be an apartment house on which the plaintiff had a second mortgage), and has continued to act as such receiver to the present time. The defendant Charles W. Burdic appealed from the order to this court, giving to the plaintiff in this action a. bond conditioned for…
2Cases cited3 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Farmers' National Bank v. BackusSupreme Court of Minnesota · 1896
- Johnson v. GarrettSupreme Court of Minnesota · 1877
3Cited by10 opinions
- Bowersock Mills & Power Co. v. JoyceCourt of Appeals for the Eighth Circuit · 1939
- Duncan v. Barnard Cope Manufacturing Co.Supreme Court of Minnesota · 1929
- Brill v. SoutherlandSupreme Court of Delaware · 1940
- Richey v. BrettOhio Supreme Court · 1925
- Lohman v. ClaussenWashington Supreme Court · 1909
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