Legal Opinion

State ex rel. Attorney General v. Fidelity Loan & Trust Co.

Supreme Court of Iowa

Decided April 11, 1901PublishedCited by 14 opinions

Appeal from Woodbury District Court. — IIon. George W. Wakeeield, Judge. Action ou relation of the attorney general, in which it is prayed a receiver be appointed to take charge of the property of the defendant company, and distribute the proceeds thereof to its creditors, and that it “be dissolved as a •corporation, its franchises forfeited, and that it be ousted therefrom.” The defendant resisted the appointment of a receiver on several grounds.

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Appeal from Woodbury District Court. — IIon. George W. Wakeeield, Judge. Action ou relation of the attorney general, in which it is prayed a receiver be appointed to take charge of the property of the defendant company, and distribute the proceeds thereof to its creditors, and that it “be dissolved as a •corporation, its franchises forfeited, and that it be ousted therefrom.” The defendant resisted the appointment of a receiver on several grounds. After hearing, decree was entered as prayed. The d’ef'endan/t appeals.

1Opinion of the Court

Ladd, L

The defendant resisted the appointment of a receiver on various grounds, but not its dissolution as a corporation, and to that part of the court’s decree ordering that “the Fidelity Loan & Trust Company be and is hereby dissolved” no exception was taken. The appeal is “from the judgment of the district court appointing II. Gr. Whitney receiver.” Indeed, the officers authorizing an appearance for defendant indicated their’ wish that resistance in the action be limited to that part of the petition asking for the appointment of a receiver. That this might be made during life of the…

2Cases cited2 opinions

  1. National Bank v. ColbySupreme Court of the United States · 1875
  2. State v. FogertySupreme Court of Iowa · 1898

3Cited by14 opinions

  1. Clark v. WilliardSupreme Court of the United States · 1934
  2. Vulcan Materials Company v. United StatesCourt of Appeals for the Fifth Circuit · 1971
  3. Kosman v. ThompsonSupreme Court of Iowa · 1927
  4. McDonald v. Pacific States Life InsuranceSupreme Court of Missouri · 1939
  5. Corsicana Transit Co. v. WaltonCourt of Appeals of Texas · 1916

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