Utah Ass'n of Credit Men v. Budge
Idaho Supreme Court
Original action praying for a writ of review to review the action of the Hon. Alfred Budge, Judge of the fifth judicial district, in appointing a receiver.
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Original action praying for a writ of review to review the action of the Hon. Alfred Budge, Judge of the fifth judicial district, in appointing a receiver. The question of jurisdiction is determined from a consideration of both the pleadings and the evidence. {Sweeny v. Mayhew, 6 Ida. 455, 56 Pac. 85; Kelly v. Steele, 9 Ida. 141, 72 Pae. 887.) If the pleading (the cross-complaint here of the bank) was not sufficient to authorize the appointment of a receiver, and if the evidence at the hearing did not contain sufficient additional facts to authorize it, the eourt was without jurisdiction.…
1Opinion of the CourtAilshie, J.
This action was commenced in this court by the plaintiff, Utah Association of Credit Men, praying for the issuance of a writ of review to the Hon. Alfred Budge, judge of the fifth judicial district. The writ was issued as prayed for and return has been made, and the ease has been argued and submitted on demurrer to the petition and motion to quash the writ.
It appears both from the petition and the return to the writ that in September, 1908, the First National Bank of Pocatello commenced an action in the district court, in and for Bannock county, against Nathan Barlow et al. on a promissory…
2Cases cited6 opinions
- Hunter v. PorterIdaho Supreme Court · 1904
- Rogers v. HaysIdaho Supreme Court · 1893
- Dahlstrom v. Portland Mining Co.Idaho Supreme Court · 1906
- Chemung Mining Co. v. HanleyIdaho Supreme Court · 1905
- Canadian Bank of Commerce v. WoodIdaho Supreme Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Jarman v. MasonSupreme Court of Oklahoma · 1924
- Hay v. HayIdaho Supreme Court · 1924
- Lansdon v. State Board of CanvassersIdaho Supreme Court · 1910
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Mathison v. FeltonIdaho Supreme Court · 1965
20 more not listed; retrieve them via the Exa API.