Heinze v. Kleinschmidt
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by E. Augustus Heinze and another against Carl Kleinschmidt, administrator of the estate of John D. Allport, deceased, and others. Erom an order appointing a receiver certain defendants appeal. Statement oe the Case.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Action by E. Augustus Heinze and another against Carl Kleinschmidt, administrator of the estate of John D. Allport, deceased, and others. Erom an order appointing a receiver certain defendants appeal. Statement oe the Case. On January 22, 1900, the plaintiffs began their action in the district court of the Second judicial district to obtain a decree of sale for the purpose of partition of the Minnie Healy (patented) lode claim, situate in Silver Bow county. The complaint alleges that defendant Kleinschmidt is the…
1Opinion of the CourtChief Justice Brantly
The only question presented to this Court is whether the evidence submitted to the court below was sufficient to authorize the order of appointment. A determination of this question requires an examination of the evidence tending to support the averments in the ¡petition. We have set. forth in the statement particularly the contents of the complaint and petition, *97for the reason that they were treated at the hearing as affidavits, and so far as they tend to establish any material fact they are considered as a part of the evidence.
Though there is evidence tending’ to show that a controversy…
2Cases cited6 opinions
- In re RoseCalifornia Supreme Court · 1889
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Harrigan v. LynchMontana Supreme Court · 1898
- Connole v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
- Red Mountain Consolidated Mining Co. v. EslerMontana Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Davis v. WestphalMontana Supreme Court · 2017
- Dabney Oil Co. v. Providence Oil Co.California Court of Appeal · 1913
- Hodgin v. HodginIndiana Supreme Court · 1911
- Heinze v. Butte & Boston Consolidated Min. Co.Court of Appeals for the Ninth Circuit · 1903
- Robinson v. LoganSupreme Court of Oklahoma · 1923