Sweeny v. Mayhew

Citations

• 6 Idaho 455
• 56 P. 85
• 1899 Ida. LEXIS 13

Syllabus

<p>Certiorari — Jurisdiction—Receiver.—Certiorari will lie to review an order appointing a receiver, so as to determine from the case as presented to the lower court whether jurisdiction existed in such court, in the particular case made to appoint a receiver.</p> <p>Section 4329 of the Revised Statutes Construed. — It is error to appoint a receiver in any of the class' of cases mentioned in section 4329 of the Revised Statutes of Idaho, where the equities of the complaint are fully denied by the answer and the evidence introduced by plaintiff on the hearing of the application for the appointment of such receiver is fully met and overcome by Counter evidence introduced by the defendant.</p> <p>Pleading — Equities Denied by Answer — Appointment of Receiver. — Plaintiff applied for appointment of a receiver; defendants filed their sworn answer denying every equity, and material allegation set forth in the complaint; on the hearing of the ap--plication, the pleadings, the affidavit of plaintiff add one witness in his behalf, the affidavits of three witnesses on behalf of the defendants, were considered by the district judge; it was not alleged or proven that the defendants were insolvent or unable to respond to the plaintiff in damages. Eeld, that under such showing, the order made by the district judge was without authority, and should be annulled on certiorari.</p> <p>(Syllabus by the court.)</p>