State ex rel. American Bankers Assurance Co. v. McQuillin
Supreme Court of Missouri
Prohibition. (1) A court of equity has no jurisdiction or authority to appoint a receiver for a foreign corporation unless in aid of or ancillary to a receiver appointed in the State of the corporation’s domicile.
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Prohibition. (1) A court of equity has no jurisdiction or authority to appoint a receiver for a foreign corporation unless in aid of or ancillary to a receiver appointed in the State of the corporation’s domicile. Sidway v. Land Co., 101 Fed. 481; State ex rel. v. Denton, 229 Mo. 187; Condon v. Association, 44 L. R. A. 149; Taylor v. Association, 45 L. R. A. (Md.) 621; Wilkins v. Thorne, 60 Md. 258; Leary v. Columbia Co., 82 Fed. 775. (2) Respondent, as judge of the circuit court, had no jurisdiction or authority to appoint a receiver for the American Bankers’ Assurance Company, in vacation,…
1Opinion of the Court
OPINION.
BOND, J.
(After stating the facts as above). — The writ of prohibition does not lie except for the lack of jurisdiction or excess of jurisdiction on the part of an inferior court.
In the matter in hand the applicants for the writ insist that respondent, one of the judges of the circuit court of the city of St. Louis, had no jurisdiction to award the injunction nor. appoint the receiver on the petition submitted to him; and further, that no subject-matter of equitable cognizance was stated in the petition. These in order.
The right to grant a temporary or preliminary injunction (as one is…
2Cases cited4 opinions
- Ex parte MillerSupreme Court of Alabama · 1900
- State ex rel. Fenn v. McQuillinSupreme Court of Missouri · 1914
- State ex rel. McMillan v. WoodsideSupreme Court of Missouri · 1914
- State ex rel. Downing v. GreeneNebraska Supreme Court · 1896
3Cited by13 opinions
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
- State v. La FolletteOregon Supreme Court · 1921
- Handlan v. HandlanSupreme Court of Missouri · 1950
- Maier v. LuceCalifornia Court of Appeal · 1923
- Perseverance Common School District No. 90 v. HoneyMissouri Court of Appeals · 1963
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