Gardner v. Caldwell
Montana Supreme Court
Appeal from Ninth Judicial District, ’Gallatin County. Action to enjoin the enforcement of a judgment. The cause was tried before Armstrong, J. The plaintiff had judgment below. Statement of the case by the justice delivering the opinion.
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Appeal from Ninth Judicial District, ’Gallatin County. Action to enjoin the enforcement of a judgment. The cause was tried before Armstrong, J. The plaintiff had judgment below. Statement of the case by the justice delivering the opinion. The plaintiff brings this action to enjoin the sheriff of Gallatin county from levying upon and selling the property of the Gallatin Canal Company, said property being in the hands of respondent as receiver, and to enjoin defendant Marlow from trying to enforce the collection of a judgment against the property of said Gallatin Canal Company. In March, 1892,…
1Opinion of the CourtHunt, J.
The issue tendered by the pleadings may be briefly stated as follows: Where, in an equitable action, a receiver has been appointed, pendente lite, by a court of competent jurisdiction, to take charge of the property and affairs, including rights of way, franchises, and assets of a corporation, and has taken charge and is in possession of all such property, can a judgment creditor of the corporation, who instituted his action and obtained his judgment in a court of coordinate jurisdiction in another district in the state, subsequent to the appointment of such receiver, and subsequent to the…
2Cases cited16 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Heidritter v. Elizabeth Oil-Cloth Co.Supreme Court of the United States · 1884
- Walling v. . MillerNew York Court of Appeals · 1888
- Noe v. GibsonNew York Court of Chancery · 1839
- Gay, Hardie & Co. v. Brierfield Coal & Iron Co.Supreme Court of Alabama · 1891
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3Cited by3 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- Aetna Accident & Liability Co. v. MillerMontana Supreme Court · 1918
- Rohr v. Stanton Trust & Savings BankMontana Supreme Court · 1926