Hickey v. Parrot Silver & Copper Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Wm. Clancy, Judge. Action by Michael A. Hickey and others against the Parrot Silver and Copper Company. On motion of plaintiff, Arthur P. Heinze, Thomas McLaughlin was appointed receiver of the property involved in the litigation, and from an •order fixing his compensation, and allowing him a certain amount for counsel fees, said Heinze appeals.
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Appeal from District Court, Silver Bow County; Wm. Clancy, Judge. Action by Michael A. Hickey and others against the Parrot Silver and Copper Company. On motion of plaintiff, Arthur P. Heinze, Thomas McLaughlin was appointed receiver of the property involved in the litigation, and from an •order fixing his compensation, and allowing him a certain amount for counsel fees, said Heinze appeals. We take the position that as the receiver was wrongfully appointed upon the application of Arthur P. Heinze, that all the wrongs which flowed from his appointment must necessarily come back to Arthur P.…
1Opinion of the Court
ME. OOMMISSIONEE POOEMAN
prepared tbe opinion for tbe court.
This is an appeal from a final judgment. (State ex rel. Heinze v. District Court, 28 Mont. 227, 72 Pac. 613.) It is alleged in tbe complaint filed in tbe principal action: That tbe owners of an undivided tbirty-one thirty-sixths of tbe Nipper lode claim leased their interest to E. Augustus Heinze, who was also given an option to purchase tbe property. Tbe lessee then sublet tbe premises to Arthur P. Heinze, who entered into tbe possession thereof, and at tbe time tbe action was commenced, in August, 1899, was working tbe same. That…
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