Torbert v. Jeffrey
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, • Judge. (1) Plaintiff’s cause' of action, as stated in tbe petition, and as shown by the evidence, did not entitle him to the appointment of a receiver, because it nowhere appears in the pleadings or evidence that plaintiff had any title to the property itself, or that he had any lien thereon, or that the property itself constituted a special fund to which plaintiff had a right to resort in satisfaction of his claim,…
Read the full summary
Appeal from Saline Circuit Court. — Hon. Richard Field, • Judge. (1) Plaintiff’s cause' of action, as stated in tbe petition, and as shown by the evidence, did not entitle him to the appointment of a receiver, because it nowhere appears in the pleadings or evidence that plaintiff had any title to the property itself, or that he had any lien thereon, or that the property itself constituted a special fund to which plaintiff had a right to resort in satisfaction of his claim, and for the further reason that no fraud, or imminent danger, if the immediate possession was not taken by the court, was…
1Opinion of the CourtBrace, P. J.
This is an appeal from an order of the circuit court of Saline county, refusing to revoke an interlocutory order of said court appointing a receiver. The action in which the order was made was for the settlement of a partnership account, and the property in the possession of the defendant, for which a receiver was appointed, was alleged partnership property. The main question in the case is, whether as to that property the plaintiff and defendant were partners. The only direct evidence as to the alleged contract of partnership is that of the parties themselves, taken by deposition. That of…
2Cases cited8 opinions
- Donnell v. HarsheSupreme Court of Missouri · 1877
- McDonald v. MatneySupreme Court of Missouri · 1884
- Musser v. BrinkSupreme Court of Missouri · 1878
- Lengle v. SmithSupreme Court of Missouri · 1871
- Thompson v. HoldenSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Schneider v. SchneiderSupreme Court of Missouri · 1941
- Nicholson v. KilburyWashington Supreme Court · 1915
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Van Hoose v. SmithSupreme Court of Missouri · 1946
- Skinner v. WhitlowMissouri Court of Appeals · 1913
19 more not listed; retrieve them via the Exa API.