Woods v. Capitol Hill State Bank
Woods v. Capitol Hill State Bank
Opinion of the Court
delivered the opinion of the court.
This cause is before us upon writ of error to review an order appointing a receiver. The review is authorized by Rule 17 of this court, which provides as follows:
“An order appointing, or denying the appointment of, or sustaining or overruling a motion to discharge a receiver, may be reviewed on error, before final judgment, if prompt application for that purpose is made,”
The record shows that the defendant debtor appeared, and by a sworn answer, confessed the debt and admitted all the allegations upon which plaintiff grounded its application for a receiver. The defendant waived all objections to the appointment, and this it could do. Horn v. Pere Marquette Co., 151 Fed. 626. The court had jurisdiction of the subject matter and of the parties, and even if the plaintiff was a simple contract creditor, the court did not err in assuming jurisdiction. Powell v. Nat. Bank of Commerce, 19 Colo. App. 57, 74 Pac. 536.
The intervenor, plaintiff in error here, whether he be deemed to be a stockholder of the defendant corporation or a creditor thereof, is not in a position, under his motion, to question or. attack the appointment of the receiver. There was no error in overruling the motion. Horn v. Pere Marquette Co., supra.
If the intervenor’s petition shows some reason why a
The order complained of is affirmed.
Mr. Justice Teller, sitting for Mr. Chief Justice Scott, and Mr. Justice Bailey concur.
Reference
- Full Case Name
- Woods v. The Capitol Hill State Bank
- Cited By
- 2 cases
- Status
- Published