Mortimer v. Pacific States Sav. & Loan Co., 3395.

• Docket Nº: 3395.
• Citation: 141 P.2d 552, 62 Nev. 142
• Case Date: October 01, 1943
• Court: Supreme Court of Nevada

141 P.2d 552

62 Nev. 142

MORTIMER, Building and Loan Commissioner of California,
v.
PACIFIC STATES SAVINGS & LOAN CO.

Appeal of BADT.

No. 3395.

Supreme Court of Nevada

October 1, 1943

Appeal from Fourth Judicial District Court, Elko County; James Dysart, Judge.

Action by Frank C. Mortimer, as Building and Loan Commissioner of the State of California, against Pacific States Savings & Loan Company, a corporation, doing business in the State of Nevada under the fictitious name and style of Allied Land & Livestock Company. From adverse orders, Milton B. Badt appeals, and plaintiff moves to dismiss the appeal or to affirm the orders.

Motion denied.

[62 Nev. 143] Robert W. Kenny, Atty. Gen., of California, and I. M. Peckham, Lenore D. Underwood, and Perry H. Taft, Deputy Attys. Gen., of California, for plaintiff.

Milton B. Badt, in pro. per.

DUCKER, Justice.

This is a motion for an order dismissing the appeal, or affirming the orders appealed from, made by plaintiff. Some explanatory statements are advisable.

From May 9, 1940, to October 15, 1942, George Russell, Jr., was receiver of the Pacific States Savings & Loan Company, a corporation, doing business in the State of Nevada under the fictitious name of Allied Land & Livestock Co., and appellant was attorney for the receiver during that period. The receiver died on October 15, 1942. Prior to his death appellant had been paid under orders of the court in allowances to the receiver for compensation to appellant for his services to the receiver, the sum of $5,000. On the 28th of October, 1942, the court entered an order appointing E. A. Clawson as receiver in the place and stead of George Russell, Jr., who qualified as such on October 30, 1942; and thereafter, and on the 4th day of November, 1942, upon request of Clawson the court appointed Milton J. Reinhart attorney for the receiver, and in its order, the order appointing appellant as such attorney was terminated. Thereafter the judge of the court, feeling [62 Nev. 144] that appellant was entitled to further compensation, suggested that if he would prepare an order the court would fix it. Appellant stated that it was the duty of the receiver to petition the court to fix his compensation and give him an opportunity to be heard on it. The judge spoke to Clawson, who replied: "I don't feel it is any of my affair because I had nothing to do with employing Mr. Badt and know nothing of his services or what he has been paid and don't feel inclined to do it."

The court on December 11, 1942, entered an order which, among other things, contained the following: "Therefore, upon the court's own motion, it is Hereby Ordered, Adjudged and Decreed as follows, to-wit: 1. That E. A. Clawson, the receiver herein, be and he is hereby authorized, empowered and directed to pay to Milton B. Badt for the firm of Milton B. Badt and Orville R. Wilson, the sum of Two Thousand Five Hundred Dollars ($2,500.00) as their full and entire compensation for services rendered herein. ***"

The receiver sent appellant a check for $2,500, which he refused to accept, returning it to Clawson. The appellant then...