Hottenstein v. Conrad
Supreme Court of Kansas
(Error from Allen County. The facts of the case are stated in the opinion of the court. 1. The judge could revoke the order appointing a receiver. Gen. Stat., 804, § 2. 2. This question of the motion to vacate the appointment, is reviewable here. Gen. Stat, 785, §§ 552-58. 3. Upon the question of error in the order of the judge, in appointing the receiver, it seems to us there can be no doubt.
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(Error from Allen County. The facts of the case are stated in the opinion of the court. 1. The judge could revoke the order appointing a receiver. Gen. Stat., 804, § 2. 2. This question of the motion to vacate the appointment, is reviewable here. Gen. Stat, 785, §§ 552-58. 3. Upon the question of error in the order of the judge, in appointing the receiver, it seems to us there can be no doubt. We submit, as a general rule: A receiver in an ex parte proceeding will never be appointed until the time for the appearance and answer of the defendant has expired. 4. The only exception to this rule…
1Opinion of the Court
By the Court,
Valentine, J.
In this case a receiver was appointed by the judge of the district court, at chambers. Afterwards the defendant below, who is plaintiff in this court, made a motion *253before said judge, at chambers, to vacate said appointment and discharge the receiver. The judge overruled said motion, and this ruling the plaintiff in error claims was erroneous, and brings the question here for review.
The first question, however, for our consideration is whether the Supreme Court has any authority to review either of the aforesaid orders of the said district judge.
The said judge after…
2Cases cited1 opinion
- Chapman v. HammersleyCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by12 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Chicago Steel Works v. Illinois Steel Co.Illinois Supreme Court · 1894
- Snavely v. Abbott Buggy Co.Supreme Court of Kansas · 1887
- Anderson v. HigginsSupreme Court of Kansas · 1886
- Hale v. BroeSupreme Court of Oklahoma · 1907
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