Pitts v. New Mammoth Gold Mining Co.
Utah Supreme Court
Appeal from District Oourt, Salt Lake County. — Son. Ogden Hiles, Judge. Action by Isabel M. Pitts and another against the New Mammoth Gold-Mining Company and others. From a decree directing the sale of the property of the defendant mining company, and determining the amount and priority of liens thereon, the defendants National Bank of the Republic and Frank Knox, trustee, appeal.
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Appeal from District Oourt, Salt Lake County. — Son. Ogden Hiles, Judge. Action by Isabel M. Pitts and another against the New Mammoth Gold-Mining Company and others. From a decree directing the sale of the property of the defendant mining company, and determining the amount and priority of liens thereon, the defendants National Bank of the Republic and Frank Knox, trustee, appeal. The record herein shows that an action entitled John R. Eoulks v. The New Mammoth Gold-Mining Company was commenced on November 25, 1899. The plaintiff in that action, among other things, alleged substantially that…
1Opinion of the Court 1
IJpon the statement of the case as above,
2Opinion of the Court · BaetchBaetch, J.
The principal question presented on this appeal relates to the appointment of the receiver. The appellants contend that the appointment was made in an action at law, and was therefore improper and illegal. It is evident from the record that this contention can' not avail to disturb the judgment in this case. What may have been the character of the action in which the receiver was appointed, or whether the appointment, upon proper proceedings instituted at the proper tune, could *626have been set aside as unwarranted, need not, under the circumstances…
3Cases cited6 opinions
- Ex parte WalkerSupreme Court of Alabama · 1854
- Verplank v. CainesNew York Court of Chancery · 1814
- Stevens v. South Ogden Land, Building & Improvement Co.Utah Supreme Court · 1896
- Battershall v. DavisNew York Supreme Court · 1860
- Crane v. McCoyU.S. Circuit Court for the District of Southern Ohio · 1860
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