Brandt v. Allen
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. P. Conrad, Judge. On the thirty-first day of January, 1887, one B. P. Allen was appointed receiver of the Monarch Insurance Company, and qualified and entered upon the discharge of the duties required by the appointment. On the eighth day of the next month Allen resigned, and was succeeded by plaintiff.
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Appeal from Polk District Court. — Hon. W. P. Conrad, Judge. On the thirty-first day of January, 1887, one B. P. Allen was appointed receiver of the Monarch Insurance Company, and qualified and entered upon the discharge of the duties required by the appointment. On the eighth day of the next month Allen resigned, and was succeeded by plaintiff. On the twenty-third day of May, 1887, the plaintiff filed his petition in this proceeding, entitling it as in the original action for the appointment of a receiver. The petition makes Allen and one H. L. Swords parties defendant, and alleges that…
1Opinion of the Court
Robinson, J. —
1. receive: tody of prop-’ tíon o! equity: pleading. I. The first question we are called upon to determine is that of jurisdiction. The petition filed by the receiver is entitled and drawn as though it were a part of the original action brought to secure the appointment a receiver. The defendants insist that the court had no right to require them to appear in the summary manner which it did, and to order the delivery to the clerk of property which one of them claimed to own, for the reason that they were not parties to the original action. That was commenced by S. A. Robertson,…
2Cases cited2 opinions
- Levi v. KarrickSupreme Court of Iowa · 1862
- McGowan v. MyersSupreme Court of Iowa · 1885
3Cited by4 opinions
- Stowe v. Wolverine Metal Specialties Co.Michigan Supreme Court · 1928
- Miles v. New South Building & Loan Ass'nU.S. Circuit Court for the Northern District of Georgia · 1899
- In Re Kennison Sales & Eng. Co.Michigan Supreme Court · 1961
- Browning v. National BankMichigan Supreme Court · 1961