California Consolidated Mining Co. v. Manley
Idaho Supreme Court
APPEAL from District Court in and for Shoshone County. Honorable Ralph T. Morgan, Judge. Plaintiff commenced an action against Charles Manley as sheriff of Shoshone county, to restrain him from making a sale of the California Lode Mining Claim on execution.
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APPEAL from District Court in and for Shoshone County. Honorable Ralph T. Morgan, Judge. Plaintiff commenced an action against Charles Manley as sheriff of Shoshone county, to restrain him from making a sale of the California Lode Mining Claim on execution. A. G. Kerns, receiver of the property of the Coeur d’Alene Bank, an insolvent corporation, was brought in by an order of court and answered and filed a cross-complaint, alleging that the transfer to plaintiff was fraudulent and void, and made to hinder, delay and defraud creditors. The court found for the plaintiff and entered his decree…
1Opinion of the Court
AILSHIE, J. —
This action was commenced in the district court to enjoin the defendant sheriff from selling at éxecution sale a thirteen-sixteenths interest in the California lode claim. In the year 1893, the Coeur d’Alene Bank became insolvent, and at the instance of Yan B. DeLashmutt and George B. McAulay, a receiver was appointed to take charge of the property and effects of the insolvent bank. At the time the bank went into the hands of the receiver, McAulay and DeLashmutt were indebted to the institution in the sum of $46,523.67 on overdrafts. This indebtedness from McAulay and DeLashmutt…
2Cases cited9 opinions
- Potter v. McDowellSupreme Court of Missouri · 1860
- Blanc v. Paymaster Mining Co.California Supreme Court · 1892
- Cole v. . TylerNew York Court of Appeals · 1875
- Coffey v. Norwood & NorwoodSupreme Court of Alabama · 1886
- Worthington v. BullittCourt of Appeals of Maryland · 1854
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Just v. Idaho Canal & Improvement Co.Idaho Supreme Court · 1909
- Olympia Mining & Milling Co. v. KernsIdaho Supreme Court · 1913
- Louk v. PattenIdaho Supreme Court · 1937
- Kerns v. Washington Water Power Co.Idaho Supreme Court · 1913
- Buhl State Bank v. GlanderIdaho Supreme Court · 1936
9 more not listed; retrieve them via the Exa API.