L. B. Frankel & Co. v. Creditors
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Storey County. Richard Rising, District Judge. The facts are stated in the opinion. I. Proceedings in insolvency are not stricti juris, either proceedings at law or in equity, but special proceedings, a new remedy created by statute, the administration of which is vested in the courts independent of their common law or chancery powers.
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Appeal from the District Court of the State of Nevada, Storey County. Richard Rising, District Judge. The facts are stated in the opinion. I. Proceedings in insolvency are not stricti juris, either proceedings at law or in equity, but special proceedings, a new remedy created by statute, the administration of which is vested in the courts independent of their common law or chancery powers. In such proceedings the court must pursue the statute strictly, and its jurisdiction must clearly and affirmatively appear. (Cohn v. Barrett, 5 Cal. 195; McAllister v. Strode, 7 Cal. 430; McDonald v. Katz,…
1Opinion of the Court
By the Court,
Belknap, J.:
This is an appeal from orders of the district court, adjudging L. B. Frankel & Co.- insolvents, appointing an assignee and staying proceedings. Numerous reasons are assigned for the reversal of the orders', the prominent one being that “ the court had no jurisdiction in the premises, because it appeared that L. B. Frankel & Co. were brokers, and the debts and liabilities from which they petition to be discharged were contracted by them in a fiduciary capacity and character.” The determination of this point • involves an examination of the statute concerning…
2Cases cited7 opinions
- McCutcheon v. PeopleIllinois Supreme Court · 1873
- Tyler v. TylerIllinois Supreme Court · 1857
- Jamison v. BurtonSupreme Court of Iowa · 1876
- Cohen v. BarrettCalifornia Supreme Court · 1855
- Van Nostrand v. CarrCourt of Appeals of Maryland · 1869
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3Cited by1 opinion
- Rogers v. Penobscot Mining Co.South Dakota Supreme Court · 1911