Eureka Mining, Smelting & Power Co. v. Lewiston Navigation Co.
Idaho Supreme Court
ORIGINAL application for appointment of a receiver pending appeal. It was a want of good faith on the part of the mortgagors to neglect to pay the taxes and insurance upon the property, and yet remain in possession and appropriate all the profits of the use of the estate to their own purposes. {Winkler v. Madgeburg, 100 Wis. 421, 76 N. W. 332, 335.) A receiver will be appointed where there is even imminent danger of waste to realty; it follows that where actual waste is…
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ORIGINAL application for appointment of a receiver pending appeal. It was a want of good faith on the part of the mortgagors to neglect to pay the taxes and insurance upon the property, and yet remain in possession and appropriate all the profits of the use of the estate to their own purposes. {Winkler v. Madgeburg, 100 Wis. 421, 76 N. W. 332, 335.) A receiver will be appointed where there is even imminent danger of waste to realty; it follows that where actual waste is being perpetrated or a continued neglect to properly preserve the mortgaged personal property exists, like a failure to keep…
1Opinion of the CourtAilshie, J.
This is an original application made in this court for the appointment of a receiver pending an appeal and determination thereof. The original action out of which the application arises was commenced in the district court in and for Nez Perce county, for the foreclosure of a mortgage for $10,000 on a steamboat plying on the Snake river, known and registered as the “Mountain Gem.” The plaintiffs applied for the appointment of a receiver pending the action, and the application was granted by the district judge, and a receiver was accordingly appointed. Thereafter, the defendant, C. F. Allen,…
Also in this document: Concurrence.
2Cases cited3 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Winkler v. MagdeburgWisconsin Supreme Court · 1898
- Chemung Mining Co. v. HanleyIdaho Supreme Court · 1905
3Cited by2 opinions
- Planters Oil Mill v. CarterSupreme Court of Georgia · 1913
- Riggen v. PerkinsIdaho Supreme Court · 1925