Small v. Smith
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county.. Hon. -Joseph W. Jones, Judge. Action by L. Linn Small, 'as receiver of the .American Banking & Trust -Company, a corporation/against O. H. Smith. From an order overruling a demurrer to the complaint, defendant appeals.
1DissentFuller, P. J.
At page 817, 17 Enc. Pl. & Prac., the prevailing doctrine is concisely stated thus: “A receiver may *625not generally sue in his own name in a foreign state, even though authorized by statute or order of court where he was appointed, since such laws or orders relate to the remedy, merely, and the law of the forum governs.” After elucidating most instructively the nature and extent of a receiver’s title and want of authority to maintain an action for the recovery of property situated in another state, Mr. Justice Wayne, speaking for the supreme court of the United States, says: “Our industry has…
2Cases cited10 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Brady v. ConnellySupreme Court of Missouri · 1873
- Catlin v. Wilcox Silver-Plate Co.Indiana Supreme Court · 1890
- Rhawn v. PearceIllinois Supreme Court · 1884
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