Caldwell v. Matthewson
Supreme Court of Kansas
Error from Labette District Court. Hon. A. II. Skidmore, Judge. On June 15, 1893, Angelí Matthewson and F. H. Snyder, who were engaged in the business of banking and dealing in loans on real estate, as partners, made an assignment of their partnership and individual properties to Clinton L. Caldwell for the benefit of their creditors. Caldwell was afterward elected assignee by the creditors, and duly qualified and undertook the execution of the trust.
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Error from Labette District Court. Hon. A. II. Skidmore, Judge. On June 15, 1893, Angelí Matthewson and F. H. Snyder, who were engaged in the business of banking and dealing in loans on real estate, as partners, made an assignment of their partnership and individual properties to Clinton L. Caldwell for the benefit of their creditors. Caldwell was afterward elected assignee by the creditors, and duly qualified and undertook the execution of the trust. The assigned estate included a large number of pieces of real estate, most of which were incumbered, some of them to the full amount of their…
1Opinion of the CourtAllen, J.
*2611. District court has power to remove derelict assignee. *260Before undertaking to pass upon the specifications of error in this case, it is necessary to consider the nature and extent of the jurisdiction of *261the District Court, where the assignment over the assignee and the assigned estate. The grounds on which the removal of the assignee was ordered are not such as are specifically mentioned in the statute relating to assignments. Section 30, of the Act to Regulate Voluntary Assignments for the Benefit of Creditors, authorizes the Court to dismiss the assignee for failure to file an inventory or…
2Cases cited2 opinions
- Cohen & Co. v. Morris & Co.Supreme Court of Georgia · 1883
- McIlhenny Co. v. ToddTexas Supreme Court · 1888
3Cited by6 opinions
- McCoy v. McCoySupreme Court of Oklahoma · 1911
- Sanders v. HallCourt of Appeals for the Tenth Circuit · 1934
- Blackwell v. BlackwellSupreme Court of Kansas · 1913
- State v. CampbellSupreme Court of Kansas · 1898
- St. Catherine's Cemetery v. Fidelity Trust Co.Court of Appeals of Kentucky · 1913
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