Utah Ass'n of Credit Men v. Budge

Citations

• 16 Idaho 751
• 102 P. 691
• 1909 Ida. LEXIS 76

Syllabus

<p>Jurisdiction to Appoint Receiver — Writ op Review — Appealable Orders and Decisions.</p> <p>1. An order made by a district court within the jurisdiction of such court and after having acquired jurisdiction of the person and subject matter, however erroneous it may have been, is not an excess of jurisdiction that can be corrected by writ of review.</p> <p>2. Under the provisions of sec. 4329, Rev. Codes, the district court has jurisdiction and authority to appoint a receiver in an action by a creditor to subject any property or fund to his claim or in an aetion by any party whose right to or interest in a speeifie property or fund, or the proceeds thereof, is provable, and where it is shown that the property or fund is in danger of being lost, dissipated, removed, or materially injured.</p> <p>3. The authority and jurisdiction to appoint a receiver conferred by see. 4329, Rev. Codes, confers authority on the district court to appoint a receiver to receive and take charge of notes, accounts, certificates of the capital stoek of corporations and ehoses in action, and other personal property, where the necessity and occasion for such appointment is shown.</p> <p>4. Under the facts of this case as shown by the petition, the court had jurisdiction to make the order complained of, and whatever error may have been committed by the court in making such order is not such an error as can be corrected on writ of review.</p> <p>5. Under the provisions of see. 9, art. 5, of the state constitution, the supreme court has jurisdiction to review upon appeal any decision of the district eourt or the judges thereof, but this provision of the constitution does not make every order or decision that a district court or judge thereof may make directly appealable. By this it is intended that when an appeal is taken from an appeal-able order or judgment to the supreme eourt, that the latter court shall have the jurisdiction and authority to ieview any and all orders and decisions made by