Kelly v. Steele
Idaho Supreme Court
ACTION by TJniversalist General Convention, a religious (corporation, against Edmund Pearcy et al. Keeeiver appointed, m limine by Edgar C. Steele, district judge o£ the second district. Defendants apply for writ of ■certiorari to review order making said appointment. The facts are stated in the opinion. The court exceeded its jurisdiction in making the appointment of the receiver.
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ACTION by TJniversalist General Convention, a religious (corporation, against Edmund Pearcy et al. Keeeiver appointed, m limine by Edgar C. Steele, district judge o£ the second district. Defendants apply for writ of ■certiorari to review order making said appointment. The facts are stated in the opinion. The court exceeded its jurisdiction in making the appointment of the receiver. Defendants had filed their answer denying every material allegation of the complaint, and meeting and denying every equity of the complaint; and had met and denied every allegation and equity of the plaintiff’s…
1Opinion of the CourtAilshie, J.
On April 2, 1902, the Universalist General Convention, a religious corporation, as plaintiff, commenced its 'action in the district court in and for Nez Perce county against Edmund Pearcy, M. A. Kelly, Eliza W. Thatcher, Eugene O’Neill, Mary C. O’Neill, Yiola McConville, Ella M. Murphy, William M. Murphy, Joseph Malloy, Eben Mounce, Eva K. Mounce, Herbert Kemp and S. Edgar Arant, defendants.
Paragraphs 1 and 2 of the complaint allege the corporate existence of plaintiff and that certain of the defendants were husband and wife and axe joined as defendants for that reason. The other allegations…
2Cases cited3 opinions
- Barton v. DunlapIdaho Supreme Court · 1901
- Sweeny v. MayhewIdaho Supreme Court · 1899
- Greenland v. District Court of Second Judicial DistrictMontana Supreme Court · 1893
3Cited by2 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Keane v. KibbleIdaho Supreme Court · 1915