Bisson v. Curry
Supreme Court of Iowa
3. Eeceiver : appointment of. The judge of the district court has no power to appoint a receiver in vacation without notice to the opposite party. Following Jft'eneh v. Gifford, 30 Iowa, 148. Appeal from Hamilton Circuit Coivrt. The plaintiff filed, in the Hamilton district court, a petition alleging that he is owner in fee simple of the N. E. \ of Sec. 13, Tp. 86, H. 26, and that defendant unlawfully keeps him out of possession thereof.
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3. Eeceiver : appointment of. The judge of the district court has no power to appoint a receiver in vacation without notice to the opposite party. Following Jft'eneh v. Gifford, 30 Iowa, 148. Appeal from Hamilton Circuit Coivrt. The plaintiff filed, in the Hamilton district court, a petition alleging that he is owner in fee simple of the N. E. \ of Sec. 13, Tp. 86, H. 26, and that defendant unlawfully keeps him out of possession thereof. Petition further alleges that the rental value of said property is from $20 to $50, that defendant is insolvent, and the rents and profits are in danger of…
1Opinion of the CourtDay, J.
l. pateot : be questioned. I. The ten specific causes of demurrer assigned under the first head are stated very elaborately. It would occupy much space to set them forth sewatim, and mncn greater space to give to them a separate consideration. Most of them have received no attention in the argument. All the questions presented may be conveniently and satisfactorily discussed under the following general proposition: Do the facts stated entitle the plaintiff to the relief asked ? Briefly collated, the facts set forth in the petition are these: The defendant occupied and made valuable…
2Cases cited8 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Brush v. WareSupreme Court of the United States · 1841
- Lindsey v. HawesSupreme Court of the United States · 1863
- French v. GiffordSupreme Court of Iowa · 1870
- Garland v. WynnSupreme Court of the United States · 1857
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3Cited by5 opinions
- Wabash Railroad v. DykemanIndiana Supreme Court · 1892
- Hartman v. WarrenCourt of Appeals for the Eighth Circuit · 1896
- Larsen v. WinderWashington Supreme Court · 1896
- Wilbur v. Cedar Rapids & Missouri River Railway Co.Supreme Court of Iowa · 1902
- Citizens State Bank v. BeucherSupreme Court of Iowa · 1940