Maynard v. Bond
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — IIon. William T. Wood, Judge. On the 9th of December, 1874, Maynard recovered judgment against the M. K. & T. Railway Company. On the following day execution was issued, and on the 18th day of January, 1875, the First National Bank of Sedalia was garnished as debtor to the company. Bond was appointed receiver of the property of the company.
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Appeal from Pettis Circuit Court. — IIon. William T. Wood, Judge. On the 9th of December, 1874, Maynard recovered judgment against the M. K. & T. Railway Company. On the following day execution was issued, and on the 18th day of January, 1875, the First National Bank of Sedalia was garnished as debtor to the company. Bond was appointed receiver of the property of the company. The appointment was made by the circuit court of the United States for the District of Kansas on the 31st of December) 1874, and by the circuit court of the United States for the Western District of Missouri, on the 12th…
1Opinion of the Court
Sherwood, O. J.
The only question in this case is, whether the title or right to the possession of the receiver to the money owing by the bank to the original defendant took effect by reason of and from the date of the order of his appointment, or whether his right in the premises dates only from the time he gave bond in compliance with the order of his appointment. A receiver is said to be uniformly regarded as an officer of the court, exercising his functions but for the common benefit of all parties in interest. He is elsewhere spoken of as the “ hand of the court,” and the property or fund…
2Cases cited2 opinions
- Farmers' Bank v. BeastonCourt of Appeals of Maryland · 1836
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3Cited by11 opinions
- Texas Trunk Ry. Co. v. Lewis, SheriffTexas Supreme Court · 1891
- Reilly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Riesner v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1896
- Gordon v. ParkSupreme Court of Missouri · 1909
- Missouri Pacific Railway Co. v. LoveSupreme Court of Kansas · 1900
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