First National Bank of Laramie v. Cook
Wyoming Supreme Court
Error to the District Court, Albany County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. The facts are stated in the opinions. The proceedings taken by the judgment creditor in the District Court and permitted by that court show a radical misconception of the office and nature of receiverships.
Read the full summary
Error to the District Court, Albany County, Hon. Richard H. Scott, Judge of First Judicial District, presiding. The facts are stated in the opinions. The proceedings taken by the judgment creditor in the District Court and permitted by that court show a radical misconception of the office and nature of receiverships. It is not a device by which rights are created or destroyed, or conflicting claims determined, but an ancillary and provisional remedy rendered necessary by the existence of property or a fund which cannot be otherwise taken care of. A suit pending in a proper court in which,…
1Opinion of the Court
Corn, Chief Justice.
M. E. Stowers, one of the defendants in error, obtained a judgment, in the District Court of Albany County, against the firm of Bird Bros, for the sum of $1,186 and $9.50 costs. An execution was returned wholly unsatisfied and, upon the motion of the judgment creditor, Thomas Bird, the managing partner was ordered to appear and answer concerning the property of the firm, as provided by the statute in regard to proceedings in aid of execution. Upon his answer, the court appointed the defendant in error, Alfred Cook, who was then and is now Sheriff of the county, a receiver…
2Cases cited17 opinions
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Bostwick v. . MenckNew York Court of Appeals · 1869
- French v. GiffordSupreme Court of Iowa · 1871
- Allen v. HawleySupreme Court of Florida · 1855
- Merchants' & Manufacturers' National Bank v. Kent Circuit JudgeMichigan Supreme Court · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boswell v. First National Bank of LaramieWyoming Supreme Court · 1907
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
- Gulf Pipe Line Co. v. LasaterCourt of Appeals of Texas · 1917
- Van Valkenburgh v. FordCourt of Appeals of Texas · 1918
- Ex Rel. Nenzel v. District CourtNevada Supreme Court · 1925
8 more not listed; retrieve them via the Exa API.