Fleming v. Carson
Oregon Supreme Court
From Marion : Henry H. Hewitt, Judge. This'is a suit by R. J. Fleming against John A. Carson for the settlement of a copartnership, for an injunction, and for the appointment of a receiver to take charge of the assets and wind up the business of the concern.
Read the full summary
From Marion : Henry H. Hewitt, Judge. This'is a suit by R. J. Fleming against John A. Carson for the settlement of a copartnership, for an injunction, and for the appointment of a receiver to take charge of the assets and wind up the business of the concern. On January 7, 1898, the cause being then at issue, an-application was made for the appointment of a receiver, to defeat which the defendant offered to.give a bond, in an amount to -be fixed by the court, to satisfy any decree that might be rendered in favor of the plaintiff. The court, however, after hearing evidence and the arguments of…
1Opinion of the Court
Per Curiam .
1. It is not sought by the appeal to disturb the findings of the court below in so far as they pertain to the accounting, and the amount found and decreed to be due the plaintiff from the defendant in pursuance thereof; but it is urged that the lower court erred— firs.t, in appointing the receiver; second, in decreeing the sale of the partnership property and a division of the proceeds ; and, third, in allowing costs against the defendant. The appointment of a receiver rests within the sound discretion of the court, but such discretion is judicial in character, and subject to…
2Cases cited4 opinions
- Caldwell v. LeiberNew York Court of Chancery · 1839
- Law v. FordNew York Court of Chancery · 1830
- Buchanan v. ComstockNew York Supreme Court · 1865
- Whitman v. RobinsonCourt of Appeals of Maryland · 1864
3Cited by3 opinions
- De Bow v. WollenbergOregon Supreme Court · 1908
- Liggett v. LesterOregon Supreme Court · 1964
- Spores v. MaudeOregon Supreme Court · 1916