McNeal Machinery Co. v. Empire Brick & Gas Co.

Citations

• 85 Kan. 277
• 116 P. 501
• 1911 Kan. LEXIS 57

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Replevin —■ Property in Hands of Receiver — Discretion of Court. Whether a claimant shall be permitted to bring replevin for property in the hands of a receiver or required to seek a remedy in the proceeding in which the receiver was appointed, is ordinarily a matter resting within the discretion of the court.</p> <p>2. -Leave to Sue Receiver May be Withdrawn. Where leave to sue a receiver is granted ex parte, without specifying the character of the action, and replevin is brought for property in his official custody, the court may ordinarily, in its discretion, withdraw such leave and dismiss such action.</p> <p>3. —-Dismissal of Action — Not Error. Where such a replevin action is dismissed upon a motion of the receiver filed therein asking a withdrawal of the leave to sue and a dismissal of the replevin action, the dismissal will not be reversed because no evidence was introduced, or because no formal order was made withdrawing the les-ve to sue.</p>