Cook v. Leona Mills Lumber Co.
Oregon Supreme Court
From Multnomali: George W. Stapleton, Judge. Department 2. This case comes here on appeal from an order refusing to vacate the appointment of a receiver for the Leona Mills Lumber Company, a corporation. On August 20, 1921, J. H. Cook, as plaintiff, sued the defendant corporation, with the sole object in view of having a receiver appointed for the protection of the company’s property.
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From Multnomali: George W. Stapleton, Judge. Department 2. This case comes here on appeal from an order refusing to vacate the appointment of a receiver for the Leona Mills Lumber Company, a corporation. On August 20, 1921, J. H. Cook, as plaintiff, sued the defendant corporation, with the sole object in view of having a receiver appointed for the protection of the company’s property. Among other things, the complaint alleged the incorporation of defendant; that the capital stock of the corporation was $100,000, divided into 1,000 shares of the par value of $100 each; that plaintiff was the…
1Opinion of the CourtBrown, J.
1. The disposition of this case depends upon the averments of the complaint and the meaning of our statute. The question to he determined in this suit is: Did the averments of the petition confer upon the Circuit Court jurisdiction to appoint a receiver? The jurisdiction of the Circuit Court for Multnomah County, Oregon, to appoint J. H. Cook as receiver of the Leona Mills Company must be determined in the first instance by the allegations of the petition, made in good faith, and does not depend upon any evidence that might subsequently have been offered and received in support thereof.
2. The…
2Cases cited20 opinions
- La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
- People v. WeigleyIllinois Supreme Court · 1895
- Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
- Wallace v. Pierce-Wallace Publishing Co.Supreme Court of Iowa · 1897
- Lyon v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1914
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- French v. C. F. & T. Co.Oregon Supreme Court · 1928