Joralmon v. McPhee
| Citation | 76 P. 922, 31 Colo. 40 |
| Case Date | January 01, 1903 |
| Court | Supreme Court of Colorado |
76 P. 922
31 Colo. 40
JORALMON et al.
v.
McPHEE et al.
Supreme Court of Colorado
January, 1903
Appeal from District Court, Arapahoe County.
Action by H. M. Joralmon and others against Charles D. McPhee and others. Appeal from an order allowing compensation to receiver. Reversed.
T. J. O'Donnell, Milton Smith, and Benedict & Phelps, for appellants.
[31 Colo. 41] Hartzell & Steele, D. V. Burns, and Whitford, Whitford & May, for appellees.
STEELE, J.
During the pendency of the case of McPhee et al. v. Joralmon et al., and on July 9, 1897, the judge of the district court appointed J. A. Fleming receiver of the property involved. On March 14, 1899, F. E. Gove was appointed receiver in the place of Fleming. July 2, 1900, Gove, having theretofore filed his report as such receiver, was discharged. January 7, 1901, Fleming filed application for compensation as receiver; and on the same day his compensation, in the sum of $317, was allowed, and he was decreed a first lien upon the premises. January 23, 1901, application was made by T. J. & K. D. O'Donnell to set aside the order allowing compensation to the receiver, and on the 6th day of May, 1901, the motion was denied. On December 2, 1901, an order was made by this court granting the application of T. J. & K. D. O'Donnell for leave to file supplemental transcript. Joralmon v. McPhee, 29 Colo. 135, 66 P. 882.
From the affidavits filed in support of the application to set aside the order allowing compensation to the receiver, it appears that the application for allowance was made ex parte; that the order was made on the morning of January 7, 1901, shortly before the final adjournment of the district court for the term; that, about 11 o'clock of said day, the attorney of record for the receiver notified the attorney for T. J. & K. D. O'Donnell that the application for compensation would be made at 2 o'clock on the same day; that the court adjourned for the term shortly before 12 o'clock of that day; that the application was presented to the court by the receiver in person, [31 Colo. 42] and not by attorney. The affidavit of Hon. Calvin P. Butler, the judge of the district court who granted the order allowing compensation, states that the receiver made verbal application on January 5, 1901, for an order allowing compensation; that affiant informed the receiver that he should notify T. J. O'Donnell of the application; that the receiver said that O'Donnell was not friendly to him, and...
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In re Magner, No. 29728.
...whose rights have been injuriously affected by such discharge is by a motion to vacate the order of discharge. In Joralmon's Case, 31 Colo. 40, 76 Pac. 922, a discharged receiver applied for compensation as such on January 7, 1901, and was on the same day allowed as [155 N.W. 321]claimed. O......
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John v. Farwell Co. v. Craney
...a hearing at which the parties [29 Idaho 86] interested have an opportunity of contesting the claim." (34 Cyc. 473; Joralmon v. McPhee, 31 Colo. 40, 76 P. 922; Ruggles v. Patton, 143 F. 312, 74 C.C.A. 450; Merchants' Bank v. Crysler, 67 F. 388, 14 C.C.A. 444.) "Courts are usually indisposed......
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John V. Farwell Co. v. Craney
...after notice and a hearing at which the parties interested have an opportunity of contesting the claim." (34 Cyc. 473; Joralmon v. McPhee, 31 Colo. 40, 76 P. 922; Ruggles v. Patton, 143 F. 312, 74 C. C. A. 450; Merchants' Bank v. Crysler, 67 F. 388, 14 C. C. A. 444.) "Courts are usually ind......
-
In re Magner, 29728
...rights have been injuriously affected by such discharge is by a motion to vacate the order of discharge. In Joralmon v. McPhee, (Colorado) 31 Colo. 40, 76 P. 922, a discharged receiver applied for compensation as such on January 7, 1901, and was on the same allowed as [155 N.W. 321] claimed......
-
In re Magner, No. 29728.
...whose rights have been injuriously affected by such discharge is by a motion to vacate the order of discharge. In Joralmon's Case, 31 Colo. 40, 76 Pac. 922, a discharged receiver applied for compensation as such on January 7, 1901, and was on the same day allowed as [155 N.W. 321]claimed. O......
-
John v. Farwell Co. v. Craney
...a hearing at which the parties [29 Idaho 86] interested have an opportunity of contesting the claim." (34 Cyc. 473; Joralmon v. McPhee, 31 Colo. 40, 76 P. 922; Ruggles v. Patton, 143 F. 312, 74 C.C.A. 450; Merchants' Bank v. Crysler, 67 F. 388, 14 C.C.A. 444.) "Courts are usually indisposed......
-
John V. Farwell Co. v. Craney
...after notice and a hearing at which the parties interested have an opportunity of contesting the claim." (34 Cyc. 473; Joralmon v. McPhee, 31 Colo. 40, 76 P. 922; Ruggles v. Patton, 143 F. 312, 74 C. C. A. 450; Merchants' Bank v. Crysler, 67 F. 388, 14 C. C. A. 444.) "Courts are usually ind......
-
In re Magner, 29728
...rights have been injuriously affected by such discharge is by a motion to vacate the order of discharge. In Joralmon v. McPhee, (Colorado) 31 Colo. 40, 76 P. 922, a discharged receiver applied for compensation as such on January 7, 1901, and was on the same allowed as [155 N.W. 321] claimed......