Cox v. Volkert
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The plaintiff had no right to maintain this suit. (а) There was no authority to appoint a receiver in the-case of Huegel n. Wallendorf. General powers in this respect in equity are limited by the statute. High on-Receivers, sec. 23; Fellows v. Hermans, 1 Abb. Pr. (N. S.) 1; Newman n. Hammond, 46 Ind. 119. Cox was-not appointed for the purposes named in sections 3660 and 3661, Revised Statutes. Gill n.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. (1) The plaintiff had no right to maintain this suit. (а) There was no authority to appoint a receiver in the-case of Huegel n. Wallendorf. General powers in this respect in equity are limited by the statute. High on-Receivers, sec. 23; Fellows v. Hermans, 1 Abb. Pr. (N. S.) 1; Newman n. Hammond, 46 Ind. 119. Cox was-not appointed for the purposes named in sections 3660 and 3661, Revised Statutes. Gill n. Balis, 72 Mo. 424, (б) If the order appointing Cox receiver is not void, yet it did not and could not confer upon him the power…
1Opinion of the CourtBlack, J.
— Huegel, Wallendorf, and Blume, were partners in the milling business, and as such partners built the Pacific Mill in Jefferson City. Wallendorf died, and his executrix, and the other partners, leased the mill to defendant, Yolkert, for a period of four years from September 1, 1878. Huegel and Blume filed their petition in the circuit court, the object of which was to procure an accounting, sale, and division of the partnership property, in which suit the executrix and devisees of Wallendorf, and the defendant herein, were made defendants. By consent of all the parties in that suit, Cox was…
2Cited by14 opinions
- Horn v. Pere Marquette R.U.S. Circuit Court for the District of Eastern Michigan · 1907
- State ex rel. Merriam v. RossSupreme Court of Missouri · 1894
- Chicago Title & Trust Co. v. BradySupreme Court of Missouri · 1901
- Thompson v. GreeleySupreme Court of Missouri · 1891
- Greeley v. Provident Savings BankSupreme Court of Missouri · 1890
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