Gibbs v. Morgan
Idaho Supreme Court
CEBTIOBABI to the judge of the first district court of the state of Idaho to review the action of said judge in appointing a receiver for a corporation pendente lite. The facts are stated in the opinion.
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CEBTIOBABI to the judge of the first district court of the state of Idaho to review the action of said judge in appointing a receiver for a corporation pendente lite. The facts are stated in the opinion. It cannot be said that a stockholder in a corporation has such an “interest in the property or fund” by virtue of his being such holder of stock as would furnish a sufficient predicate for the appointment of a receiver for such corporation, on the application of such stockholder, and we do not think that it has ever been held that this subdivision of section 4329 was ever before successfully…
1Opinion of the CourtSullivan, C. J.
This is a writ of review to review the action of the- judge of the first judicial district in appointing a receiver of the Idaho Lumber Manufacturing Company, a corporation, organized and existing under the laws of the state of Idaho, with its principal place of business at Post Palls, Kootenai county.
The application for a receiver was made upon notice in the case of H. M. Strathern, plaintiff, v. The Idaho Lumber and Manufacturing Company, a corporation, Daniel MacGillis, C. D. Gibbs and J. K. Stack, copartners, doing business under the name of MacGillis & Gibbs, and Daniel MacGillis, C. D.…
Also in this document: Concurrence.
2Cases cited10 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- Columbian Athletic Club v. State ex rel. McMahanIndiana Supreme Court · 1895
- Cameron v. Groveland Improvement Co.Washington Supreme Court · 1898
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3Cited by15 opinions
- Boothe v. Summit Coal Mining Co.Washington Supreme Court · 1909
- Bowen v. Bowen-Romer Flour Mills Corp.Supreme Court of Kansas · 1923
- Boyle v. Superior CourtCalifornia Supreme Court · 1917
- Jordan v. Austin Securities Co.Supreme Court of Kansas · 1935
- Riley v. Callahan Mining Co.Idaho Supreme Court · 1916
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