Legal Opinion

Rowe v. Stevens

Idaho Supreme Court

Decided November 29, 1913PublishedCited by 5 opinions

An original petition and affidavit for writ of review. The order of the lower court was based upon the supposed authority contained in sec. 11, chap. 6, of the Laws of Extraordinary Session of 1912. This act confers no authority upon the court to appoint a receiver or trustee. We must look elsewhere for that authority. (Sec. 2787, Rev. Codes; Havemeyer v. Superior Court, 84 Cal. 327-356, 18 Am.

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An original petition and affidavit for writ of review. The order of the lower court was based upon the supposed authority contained in sec. 11, chap. 6, of the Laws of Extraordinary Session of 1912. This act confers no authority upon the court to appoint a receiver or trustee. We must look elsewhere for that authority. (Sec. 2787, Rev. Codes; Havemeyer v. Superior Court, 84 Cal. 327-356, 18 Am. St. 192, 24 Pac. 121, 10 L. R. A. 627; Merges v. Altenbrand, 4'5 Mont: 355', 123 Pac. 21; Ferrell v. Evans, 25 Mont. 444, 65 Pac. 714.) There was no action pending in which an order could be made.…

1Opinion of the CourtStewart, J.

This is a petition based upon an affidavit for a writ of review. The petition and affidavit allege that the Shenon Ranch Company was at all times mentioned a corporation under and by virtue of the laws of the state of .Montana, with its principal place of business in the city of Butte, Silver Bow county, Montana; that on October 8, 1910, the Shenon Ranch Company (hereafter designated in this opinion as the ranch company) filed with the recorder of Lemhi county, said Lemhi county being the county within the state of Idaho in which the ranch company designated its principal place of business, a…

2Cases cited4 opinions

  1. Valley Lumber & Manufacturing Co. v. NickersonIdaho Supreme Court · 1907
  2. Hall v. NieukirkIdaho Supreme Court · 1906
  3. Vermont Loan & Trust Co. v. McGregorIdaho Supreme Court · 1897
  4. Webster v. Oregon Short Line RailwayIdaho Supreme Court · 1898

3Cited by5 opinions

  1. Pacific Northwest Bell Telephone Co. v. RiversIdaho Supreme Court · 1964
  2. Scott v. Day-Bristol Consolidated Mining Co.Nevada Supreme Court · 1914
  3. Ferguson Fruit & Land Co v. GooddingIdaho Supreme Court · 1927
  4. Gibbs v. ClaarIdaho Supreme Court · 1938
  5. Pacific Northwest Bell Telephone Co. v. RiversIdaho Supreme Court · 1964

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