Bowman v. Hazen
Supreme Court of Kansas
Error from Douglas district court; C. A. Smart, judge. STATEMENT. This was an action by W. R. Hazen to recover rents alleged to have been wrongfully and unlawfully collected through a void receivership by Homer 0. Bowman, M. W. Van Valkenburg, Josie Webb, and Millie Nichols. At the trial the court made the following findings of fact and conclusions of law : “FINDINGS OF FACT.
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Error from Douglas district court; C. A. Smart, judge. STATEMENT. This was an action by W. R. Hazen to recover rents alleged to have been wrongfully and unlawfully collected through a void receivership by Homer 0. Bowman, M. W. Van Valkenburg, Josie Webb, and Millie Nichols. At the trial the court made the following findings of fact and conclusions of law : “FINDINGS OF FACT. “1. This action is .prosecuted by the plaintiff against the defendants to recover the rents collected by the defendants from October 13, 1900, to June 1, 1902, on the following-described real estate : The undivided…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, C. J.:
This is a collateral attack on the appointment and action of receivers. To recover from them and those at whose-instance they were appointed *697and acted it must appear that they collected the rent money without authority and that their action to that extent was absolutely void. The history of the case and the facts upon which the trial court based its judgment are included in the foregoing statement, and they are so elaborately and clearly stated as to render a restatement and discussion of them unnecessary. Although some complaint is…
2Cases cited20 opinions
- Gille v. EmmonsSupreme Court of Kansas · 1897
- Kerr v. . MountNew York Court of Appeals · 1863
- People v. WeigleyIllinois Supreme Court · 1895
- In re DillSupreme Court of Kansas · 1884
- People ex rel. Port Huron & Gratiot Railway Co. v. Judge of St. Clair CircuitMichigan Supreme Court · 1875
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3Cited by16 opinions
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- Bishop v. FischerSupreme Court of Kansas · 1915
- Braun v. PepperSupreme Court of Kansas · 1978
- In re Richardson's EstateDistrict Court, N.D. Texas · 1923
- Simplex Paper Corp. v. Standard Corrugated Box Co.Missouri Court of Appeals · 1936
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