Haag v. Ward
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Llover, Judge. .(1) A receiver can not be sued without leave or authority of court appointing him. Turner v. Railroad, 74 Mo. 602; Smith v. Railroad, 151 Mo. 391; Wiswall v. Sampson, 14 How. 52, 64, 69; Barton v. Barbour, 104 TJ. S. 126, 128, 129; Burk v. Machine Co., 98 Mich. 614; Porter v. Sabin, 149 U. S. 473, 479; Payne v. Baxter, 2 Tenn.
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Appeal from Jackson Circuit Court. — Hon. J. H. Llover, Judge. .(1) A receiver can not be sued without leave or authority of court appointing him. Turner v. Railroad, 74 Mo. 602; Smith v. Railroad, 151 Mo. 391; Wiswall v. Sampson, 14 How. 52, 64, 69; Barton v. Barbour, 104 TJ. S. 126, 128, 129; Burk v. Machine Co., 98 Mich. 614; Porter v. Sabin, 149 U. S. 473, 479; Payne v. Baxter, 2 Tenn. Ch. 517; Smith on Receivers, sec.' 83; Beach on Receivers, secs. 229, 650, 653, 661; Neun v. B. & L. Ass’n, 149 Mo. 80. (2) Leave to sue a receiver is a jurisdictional fact. Barton v. Barbour, 104 TJ. S.…
1Opinion of the CourtSmith, P. J.
This is an action on a special taxbill which was brought before a justice of the peace. The statement contained the usual allegations in actions of the kind, supplemented with the further allegation that defendant Ward *189was receiver under an appointment of the United States circuit court for the western district of Missouri of the co-partnership estate of John J. Mastin & Co., and that as such receiver, with the other defendants (naming them), own, or claim to own said land, or some interest therein.
There was a judgment by default. Afterwards, by the appeal taken by the receiver, the cause was…
2Cases cited13 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Smith v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1899
- Keen v. BreckenridgeIndiana Supreme Court · 1884
- Holloman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Wooley v. WatkinsIdaho Supreme Court · 1889
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3Cited by3 opinions
- Reed v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1919
- Hopkins v. HensonMissouri Court of Appeals · 1920
- Ocean Accident & Guarantee Corp. v. Highway Transportation Co.Missouri Court of Appeals · 1932