Goodnough v. Gatch
Oregon Supreme Court
From Mai’ion : Geo. H. Burnett, Judge. This is a suit by A. Goodnough against Claud Gatch and B. J. Fleming to require a receiver to deliver to the plaintiff any balance of the receivership property remaining in his hands after deducting the costs and disbursements of the suit wherein he was appointed.
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From Mai’ion : Geo. H. Burnett, Judge. This is a suit by A. Goodnough against Claud Gatch and B. J. Fleming to require a receiver to deliver to the plaintiff any balance of the receivership property remaining in his hands after deducting the costs and disbursements of the suit wherein he was appointed. The complaint, after alleging permission of the court to bring the suit, avers that under and by virtue of a decree of the Circuit Court of Marion County, in a suit wherein Samuel Heitshu, C. H. Woodard, and L. G. Clarke were plaintiffs, and W. E. Hawkins and others defendants, the defendant…
1Opinion of the CourtJustice Bean
1. We need -not consider whether Mr. Heitshu and Mr. Bingham are necessary parties, because we are of the opinion that the plaintiff’s remedy, if any, was by a petition to the court in the cause in which the receiver was appointed, and not by an independent suit. The property which he seeks to subject to the payment of his claim is admitted to be in the rightful possession of the receivers. It is, therefore, in custodia legis, and the receiver’s possession, which is, in effect, the possession of the court, cannot be interfered with, either by strangers to the suit, parties thereto or persons…
2Cases cited3 opinions
- Columbian Book Co. v. De GolyerMassachusetts Supreme Judicial Court · 1874
- Porter v. KingmanMassachusetts Supreme Judicial Court · 1879
- Van Rensselaer v. EmeryNew York Supreme Court · 1854
3Cited by1 opinion
- Brakebush v. AasenOregon Supreme Court · 1928