McKenzie v. Bismarck Water Co.
North Dakota Supreme Court
Appeal from District Court, Burleigh County, Winchester, J. Action by Alexander McKenzie, for himself and others similarly situated, against the Bismarck Water Company, in the nature of a creditor’s bill. George A. Hughes and Eber ,H. Bly, and the Central Trust Company of New York as trustee in a mortgage, intervened. There was -a judgment declaring the mortgage a superior lien, and an order granting a new trial, and the trustee appeals.
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Appeal from District Court, Burleigh County, Winchester, J. Action by Alexander McKenzie, for himself and others similarly situated, against the Bismarck Water Company, in the nature of a creditor’s bill. George A. Hughes and Eber ,H. Bly, and the Central Trust Company of New York as trustee in a mortgage, intervened. There was -a judgment declaring the mortgage a superior lien, and an order granting a new trial, and the trustee appeals. The doctrine of preferential liens upon which alone plaintiffs can rely in their attempt to displace the lien of the prior mortgage held by the Central Trust…
1Opinion of the CourtWallin, J.
In .the view we have taken of this case as dis*365closed by the record, we shall refer only to certain features of the case which, in our opinion, are decisive of the result in this court. The action was brought by Alexander McKenzie, a judgment creditor, for himself and others who might come in as co-plaintiffs later, to subject the assets of the Bismarck Water Company, including its franchises and earnings, to the payment of such judgments, and, incidentally, to have a receiver appointed of such assets, franchises, and earnings, and for the purpose of conducting the business of said Bismarck…
2Cases cited6 opinions
- Corwith v. State Bank of IllinoisWisconsin Supreme Court · 1864
- Good v. . DalandNew York Court of Appeals · 1890
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Richardson v. RogersSupreme Court of Minnesota · 1887
- Champion v. Plymouth Congregational SocietyNew York Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stark v. Heart River Irrigation DistrictNorth Dakota Supreme Court · 1951
- Higgins v. RuedNorth Dakota Supreme Court · 1915
- National Bank of Commerce v. PickNorth Dakota Supreme Court · 1904
- Dubs ex rel. Dubs v. Northern Pacific Railway Co.North Dakota Supreme Court · 1921
- Pacific Northwest Packing Co. v. AllenCourt of Appeals for the Ninth Circuit · 1902
14 more not listed; retrieve them via the Exa API.