Skeen v. District Court of the Fifth Judicial District
Idaho Supreme Court
Original application for a writ of prohibition. The court had no jurisdiction to order a receivership for the reason that the complaint was not an affidavit of any evidential value, the verification thereof, even though in the present statutory form, being insufficient to make the same evidence of any facts whatever. “A bill .verified upon information and belief is held to afford no evidence upon which alone to predicate an order appointing a receiver.”
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Original application for a writ of prohibition. The court had no jurisdiction to order a receivership for the reason that the complaint was not an affidavit of any evidential value, the verification thereof, even though in the present statutory form, being insufficient to make the same evidence of any facts whatever. “A bill .verified upon information and belief is held to afford no evidence upon which alone to predicate an order appointing a receiver.” (34 Cyc. 134.) “Allegations of mere belief in the facts are not sufficient. The petition or application must be verified in positive terms.”…
1Opinion of the CourtMorgan, J.
On March 10, 1916, Evans State Bank filed its complaint in the district court of the fifth judicial district, in and for Power county for the foreclosure of two mortgages, one conveying real estate and the other personal property, executed by the above-named plaintiffs in order to secure the payment to the bank, by themselves, of a promissory note for $5,000, on which, it appears, there was due and unpaid the sum of $4,564, together with interest at the rate of twelve per cent per annum from October 25, 1915. The personal property described in the chattel mortgage consists of livestock, farm…
Also in this document: Concurrence.
2Cases cited8 opinions
- Olden v. PaxtonIdaho Supreme Court · 1915
- Utah Ass'n of Credit Men v. BudgeIdaho Supreme Court · 1909
- Rust v. StewartIdaho Supreme Court · 1901
- Dakan v. Superior CourtCalifornia Court of Appeal · 1905
- State ex rel. Lyon v. Police CourtWashington Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Gasper v. District Court of Seventh Judicial Dist.Idaho Supreme Court · 1953
- State Ex Rel. Bank of Eagle v. LeonardsonIdaho Supreme Court · 1932
- Pfirman v. Probate CourtIdaho Supreme Court · 1937
- Gropp v. HuyetteIdaho Supreme Court · 1922
3 more not listed; retrieve them via the Exa API.