State ex rel. House Wrecking, Salvage & Lumber Co. v. Goodrich
Missouri Court of Appeals
Writ of Prohibition against Hon. James E. Goodrich, Judge of Division No. 5 of Jackson Circuit Court. The petition asking appointment of receiver stated no cause of action against the defendant corporation, sought no judgment of any character or kind against it, and asked no relief except the appointment of a receiver.
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Writ of Prohibition against Hon. James E. Goodrich, Judge of Division No. 5 of Jackson Circuit Court. The petition asking appointment of receiver stated no cause of action against the defendant corporation, sought no judgment of any character or kind against it, and asked no relief except the appointment of a receiver. There was no property or assets of defendant corporation in the custody of the court and there was no pending suit between Straub and. the defendant corporation. The court therefore acquired no jurisdiction to appoint the receiver. Miller Bros. v. Perkins, 154 Mo. 636; State ex…
1Opinion of the CourtJohnson, J.
— This is an original proceeding for a writ of prohibition against the Honorable James E. Goodrich, Judge of division number five of the Jackson county circuit court. Relator, a creditor of the Interstate Fair and Exposition Company (a domestic corpo*285ration) brought suit at law on its demand and recovered judgment June 3, 1908,. for $3,919.48. Execution was issued immediately and was returned unsatisfied at the October term of the circuit court. Relator then filed a motion as provided in section 985, Revised Statutes 1899, for execution against James H. Halpin and Harry M. Evans, who were…
2Cases cited1 opinion
- Lamont v. Lamont Crystallized Egg Co.Missouri Court of Appeals · 1904