Hembree v. Dawson
Oregon Supreme Court
Appeal from two decisions of the circuit court for the county of Yamhill, upon collateral questions arising out of a suit pending in that court. The merits of the said suit were determined upon appeal to this court.
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Appeal from two decisions of the circuit court for the county of Yamhill, upon collateral questions arising out of a suit pending in that court. The merits of the said suit were determined upon appeal to this court. The case will be found reported in 16 Cr. 153. After it was remanded to the said circuit court for final disposition, that court, upon motion of the respondents’ counsel, and against the objection of the appellants’ counsel, allowed to the receiver, who had been appointed' in the suit soon after its commencement, the sum of §1,269.15, on account of his commissions and expenses…
1Per curiam
We are of the opinion that the decision of the circuit court herein, allowing to the receiver his commission and expenses out of the funds in controversy, should not be disturbed, The appointment of the receiver, under the view presented by the respondents, was correct; and although they failed to maintain the suit,. still the appointment was proper, as the respondents had a residuary interest in the' property mortgaged, and, although the mortgagees had priority, they were creditors of the mortgagors, and had a lien by virtue of their attachments on any surplus which might remain after the…
2Cited by10 opinions
- Atwood v. Prairie Village, Inc.Indiana Court of Appeals · 1980
- Frick v. FritzSupreme Court of Iowa · 1904
- U. S. Investment Corp. v. Portland HospitalOregon Supreme Court · 1901
- Cutter v. PollockNorth Dakota Supreme Court · 1898
- First National Bank v. Oregon Paper Co.Oregon Supreme Court · 1903
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