Maish v. Bird
Supreme Court of Iowa
Appeal from Polh Circuit Court. ' Action to foreclose a chattel mortgage upon a stock of dry goods and notions. In the petition for foreclosure the plaintiff prayed for the appointment of a receiver to take possession of the goods and to sell the same in the ordinary course of business. In an amended petition he brought' in and made defendants a large number of attaching creditors who had garnished the plaintiff. The court appointed a receiver as prayed.
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Appeal from Polh Circuit Court. ' Action to foreclose a chattel mortgage upon a stock of dry goods and notions. In the petition for foreclosure the plaintiff prayed for the appointment of a receiver to take possession of the goods and to sell the same in the ordinary course of business. In an amended petition he brought' in and made defendants a large number of attaching creditors who had garnished the plaintiff. The court appointed a receiver as prayed. The defendant, Bird, filed a motion to set aside the appointment of the receiver. ' The court overruled the motion. From the order…
1Opinion of the CourtAdams, J.
i mortgage foreclosure: receiver. The statute provides that “on the petition of either party to a civil action or proceeding, wherein he shows ^e ^as a Probable right to, or interest in, any property which is the subject of the controversy and that such property or its rents or profits are in danger of being lost or materially injured or impaired, and on such notice to the adverse party as the court or jxidge shall prescribe, the court * * if satisfied that the interest of one or both parties will be thereby promoted, and the substantial rights of neither unduly infringed, may appoint a…
2Cited by6 opinions
- Rouse v. RouseSupreme Court of Iowa · 1970
- Bank of Ukiah v. MooreCalifornia Supreme Court · 1895
- Davenport v. ThompsonSupreme Court of Iowa · 1928
- Bogenrief v. LeamingSupreme Court of Iowa · 1928
- Citizens State Bank v. BeucherSupreme Court of Iowa · 1940
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