State ex rel. Parsons Mining Co. v. McClure

Citations

• 17 N.M. 694
• 133 P. 1063

Syllabus

<p>SYLLABUS (BY THE COURT).</p> <p>1. A proceeding in insolvency against a corporation under chap. 79, laws of 1905, is a transitory action in the nature of quo warranto, and the venue thereof, under sec. 2950, C. L. 1897, may be in the county where either the plaintiff or the 'defendant resides.</p> <p>2. As between courts of concurrent jurisdiction, the first acquiring jurisdiction of the subject matter of an action is permitted, with certain exceptions, to retain it- to the end. Applied to one District Court having jurisdiction of an insolvency proceeding against a corporation under chap. 79, laws of 1905, in which a mortgage of the insolvent corporation is made a party defendant and answers, setting up his mortgage, and another District Court in which, pending the former proceeding, said mortgagee has obtained a decree ■of foreclosure, and sale of the insolvent’s property thereunder, the former District Court is entitled to retain the jurisdiction first acquired by it and to administer said estate to the exclusion of any such decree by the latter court.</p> <p>3. A receiver can not ordinarily take into custody property found in possession of a stranger to the record, claiming title, but where such stranger intervenes in the receivership proceedings and submits his rights to the court for adjudication, he is not entitled to a writ of prohibition to restrain the court from determining those rights.</p>