Territory ex rel. Gray v. District Court
Supreme Court Of The Territory Of Dakota
Writ of certiorari to the district court of Sixth judicial district, and William H. Francis, Judge. A special appearance to object to the jurisdiction of the court, does not waive service of summons. Newlove v. Woodward, 4 N. W. Rep. 237; 5 N. W. Rep. 1034; Schwab v. Mabley, 11 N. W. Rep. 294. “The appointment of receivers in equity takes the place of attachment proceedings at law.”
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Writ of certiorari to the district court of Sixth judicial district, and William H. Francis, Judge. A special appearance to object to the jurisdiction of the court, does not waive service of summons. Newlove v. Woodward, 4 N. W. Rep. 237; 5 N. W. Rep. 1034; Schwab v. Mabley, 11 N. W. Rep. 294. “The appointment of receivers in equity takes the place of attachment proceedings at law.” Todd v. Lee et al. 15 Wis. 365. An order appointing a receiver, where no action is pending, is absolutely void. Jones v. Shall, 8 N. W. Rep. 68. Merchants and Manufacturers Bank v. Kent, 5 N. W. Rep. 627; Maynard…
1Opinion of the CourtW. E. Church, J.
On the ninth day of April, 1886, one of the attorneys for the relators appeared before the chief justice with an affidavit made by the relator Robert H. Gray, April 6, 1886, stating substantially that the relators were partners doing business under the name of the ‘ ‘Mouse River Cattle Company;” that on or about March 20th said William H. Francis, as such judge, made an order appointing one Jesse A. Frye a receiver of all the property, assets, and effects of said copartnership.” a copy of which order was annexed to the affidavit; that, as affiant was informed and believed, said order was made…
2Cases cited3 opinions
- People ex rel. San Francisco v. County JudgeCalifornia Supreme Court · 1871
- Haines v. BackusNew York Supreme Court · 1830
- Wilson v. Board of SupervisorsCalifornia Supreme Court · 1853
3Cited by3 opinions
- Vantongeren v. HeffernanSupreme Court Of The Territory Of Dakota · 1888
- In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985
- In Re the Civil Contempt Proceedings Concerning RichardSouth Dakota Supreme Court · 1985