State ex rel. Independent District Telegraph Co. v. Second Judicial District Court
Montana Supreme Court
Certiorari to review the action of the district court of the second judicial district in appointing a receiver. Statement of the case by the justice delivering the opinion.
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Certiorari to review the action of the district court of the second judicial district in appointing a receiver. Statement of the case by the justice delivering the opinion. This is a writ of certiorari directed to the district court to review its action in appointing a receiver of the properties of two of the relators, viz., the Independent District Telegraph Company and the Citizens’ District Messenger and Burglar Alarm Telegraph Company, it being claimed by the relators that the district court acted in that matter without jurisdiction. The receiver was appointed in an action entitled as…
1Opinion of the CourtDe Witt, J.
— The question in this case is simply whether under the facts, as recited in the statement above, the district court had jurisdiction to appoint a receiver. (State ex rel. Murphy v. District Court, 10 Mont. 401. See, also, French Bank case, 53 Cal. 550.) There is here no question of the court’s discretion under consideration.
The relators in this application rely very largely upon the decision in the French Bank case, but we think that the case at bar is distinguishable from that case in many respects, and, in order to make the distinction apparent, we quote as follows from the California case:
2Cases cited7 opinions
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- Wayne Pike Co. v. HammonsIndiana Supreme Court · 1891
- Attorney-General v. Utica InsuranceNew York Court of Chancery · 1817
- First National Bank v. United States Encaustic Tile Co.Indiana Supreme Court · 1886
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3Cited by14 opinions
- Henry v. IdeSupreme Court of Alabama · 1922
- State ex rel. Boston & Montana Consol. C. & S. Mining Co. v. Second Judicial District CourtMontana Supreme Court · 1899
- Boyle v. Superior CourtCalifornia Supreme Court · 1917
- Gibbs v. MorganIdaho Supreme Court · 1903
- Columbia Nat. Sand Dredging Co. v. Washed Bar Sand Dredging Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905
9 more not listed; retrieve them via the Exa API.