Legal Opinion

Pourier v. McKinzie

U.S. Circuit Court for the District of Montana

Decided June 11, 1906PublishedCited by 3 opinions

At Law. This action is brought by Josephine Fourier and Peter Richard, citizens of South Dakota, against William S. MclCinzie and Nelson Story, Jr., citizens of Montana, to recover certain moneys claimed to be due the complainants on account of certain judgments obtained against the government of the United States, part of which judgments were paid to the defendant MclCinzie.

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At Law. This action is brought by Josephine Fourier and Peter Richard, citizens of South Dakota, against William S. MclCinzie and Nelson Story, Jr., citizens of Montana, to recover certain moneys claimed to be due the complainants on account of certain judgments obtained against the government of the United States, part of which judgments were paid to the defendant MclCinzie. It is alleged that the complainants are brother and sister, and heirs at law of John Richard, deceased; that a partnership existed between MclCinzie and John Richard, deceased, and that certain judgments were obtained…

1Opinion of the Court

HUNT, District Judge.

1. As to jurisdiction. The administrators never have actually had any property belonging to decedent in their hands. The surviving partner has received part of the moneys involved in this action, and a receiver duly appointed by this court holds another part. No judgment directing payment of any assets to heirs or others ever has been made by any court of the state of Montana. There is as yet no custody of any property by the district court of Gallatin county, and no officer of such court has ever had or now has actual possession of any property belonging to the'…

2Cases cited12 opinions

  1. Jones v. MeehanSupreme Court of the United States · 1899
  2. Byers v. McAuleySupreme Court of the United States · 1893
  3. Hess v. ReynoldsSupreme Court of the United States · 1885
  4. Lawrence v. NelsonSupreme Court of the United States · 1892
  5. Hayes v. PrattSupreme Court of the United States · 1893

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Oklahoma Land Co. v. ThomasSupreme Court of Oklahoma · 1912
  2. In Re Jacob's EstateArizona Supreme Court · 1956
  3. In re Estate of James, Superior Court of California, County of San Francisco1897

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