Marshall & Ilsley Bank v. Cady
Supreme Court of Minnesota
Appeal by plaintiff from an order of tbe district court for Ramsey county, Kelly, J., auditing and allowing tbe account of J. Powell Moore, receiver, and surcharging the same by striking out certain items, and directing the receiver to pay to defendant Cady the sum of $77.66. The district court is a court of original equity jurisdiction, having all the power and authority formerly vested in courts of chancery.
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Appeal by plaintiff from an order of tbe district court for Ramsey county, Kelly, J., auditing and allowing tbe account of J. Powell Moore, receiver, and surcharging the same by striking out certain items, and directing the receiver to pay to defendant Cady the sum of $77.66. The district court is a court of original equity jurisdiction, having all the power and authority formerly vested in courts of chancery. The appointment of a receiver is an exercise of equity jurisdiction which exists apart from any statute, and is not taken away by statute unless such is its plain intent and purpose. 2…
1Opinion of the CourtMitchell, J.
In this action to foreclose a mortgage, the court, on the motion of the plaintiff, appointed a receiver of the mortgaged premises during the pendency of the action to collect the rents, profits, and income of the property, and apply the same, as far as necessary, in payment of the taxes and assessments that were then a lien against the premises, and to bring the balance, if any, into court. In the final decree of foreclosure rendered in November, 1897, the court directed that the receivership should be continued until the further order of the court. The premises were sold under the judgment…
2Cases cited5 opinions
- Wagar v. StoneMichigan Supreme Court · 1877
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Lowell v. DoeSupreme Court of Minnesota · 1890
- Cullen v. Minnesota Loan & Trust Co.Supreme Court of Minnesota · 1895
- Guy v. IdeCalifornia Supreme Court · 1856
3Cited by25 opinions
- State v. ZacherSupreme Court of Minnesota · 1993
- Nielsen v. HealdSupreme Court of Minnesota · 1922
- Gardner v. W. M. Prindle & Co.Supreme Court of Minnesota · 1932
- First National Bank v. CranmerSouth Dakota Supreme Court · 1920
- Fidelity-Philadelphia Trust Co. v. WestSupreme Court of Minnesota · 1929
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