O'Donnell v. First National Bank of Rock Springs
Wyoming Supreme Court
Error to tbe District Court. Sweetwater County, IIon. Jesse Knight, Judge. A receiver pendente lite was appointed in this action brought to foreclose a real estate and a chattel mortgage given to secure the same sum of money. The defendant moved for the discharge of the receiver on the ground that no notice of the application had been given him. The motion was denied, and the defendant prosecuted error.
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Error to tbe District Court. Sweetwater County, IIon. Jesse Knight, Judge. A receiver pendente lite was appointed in this action brought to foreclose a real estate and a chattel mortgage given to secure the same sum of money. The defendant moved for the discharge of the receiver on the ground that no notice of the application had been given him. The motion was denied, and the defendant prosecuted error. Upon the facts in this case the judge was not authorized to appoint a receiver without notice to the defendant. (Beach on Receivers, Sec. 134 ; Smith on Receiverships, p. 14 ; State v. Wear,…
1Opinion of the Court
Potter, Chief Justioe.
One question only is presented in this case, viz.: The authority of the district court or judge to appoint a receiver pendente lite, without notice to the defendant.
On September 20, 1897, the First National Bank of Rock Springs filed its petition in the district court of Sweetwater County, for the recovery of $5,800, and interest due upon certain promissory notes, and the foreclosure of a real estate mortgage and a chattel mortgage given to secure the payment of said indebtedness. September 21, 1897, summons was duly issued in the action. On the same day, pursuant to a…
Also in this document: Concurrence.
2Cases cited1 opinion
- Neeves v. BoosWisconsin Supreme Court · 1893
3Cited by2 opinions
- Skirvin v. CoyleSupreme Court of Oklahoma · 1939
- Smith v. Roach, WardenWyoming Supreme Court · 1940