Prudential Securities Co. v. Three Forks, H. & M. Valley R.
Montana Supreme Court
Appeal from, District Court, Gallatin County; Ben B. Law, Judge. Action by the Prudential Securities Company against the Three Forks, Helena & Madison Valley Railroad Company. From an order denying defendant’s motion to vacate a receivership, it appeals.
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Appeal from, District Court, Gallatin County; Ben B. Law, Judge. Action by the Prudential Securities Company against the Three Forks, Helena & Madison Valley Railroad Company. From an order denying defendant’s motion to vacate a receivership, it appeals. The sole question before the court is: Did the judge of the district court abuse his discretion by continuing the receiver upon the facts shown' at the hearing? The application to vacate or revoke the order of appointment of a receiver is addressed to the sound discretion of the court. (34 Cyc. 160 (b); High on Receivers, 4th ed., sec. 25.)…
1Opinion of the CourtJustice Sanner
Without notice and before service of summons the court below appointed a receiver for the properties of the appellant upon a complaint of the respondent filed on November 1, 1913, seeking a money judgment in the sum of $2,251.24, being the principal sum and protest fee of an unpaid check. As special grounds for the appointment of a receiver it is alleged that the appellant was incorporated on March 20, 1912, for the purpose of constructing and operating a line of railway between Helena and points in Gallatin valley; that it procured rights of way and has graded a portion of its roadbed but…
2Cases cited7 opinions
- Daily v. MarshallMontana Supreme Court · 1913
- Barnes v. SmithMontana Supreme Court · 1913
- Gans v. SwitzerMontana Supreme Court · 1890
- Brown v. Erb-Harper-Rigney Co.Montana Supreme Court · 1913
- Ames & Frost v. HesletMontana Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clark v. WilliardSupreme Court of the United States · 1934
- May Hosiery Mills, Inc. v. United States District CourtCourt of Appeals for the Ninth Circuit · 1933
- Little v. LittleMontana Supreme Court · 1951
- Montana Ranches Co. v. DolanMontana Supreme Court · 1917
- Masterson v. HubbertMontana Supreme Court · 1918
3 more not listed; retrieve them via the Exa API.