State v. Neb. Sav. & Exch. Bank

CourtNebraska Supreme Court
Writing for the CourtHOLCOMB
Citation61 Neb. 496,85 N.W. 391
Decision Date06 March 1901
PartiesSTATE v. NEBRASKA SAV. & EXCH. BANK ET AL.

61 Neb. 496
85 N.W. 391

STATE
v.
NEBRASKA SAV. & EXCH. BANK ET AL.

Supreme Court of Nebraska.

March 6, 1901.



Syllabus by the Court.

[85 N.W. 391]

1. It will be presumed, in the absence of a bill of exceptions, that there was before the trial court, acting on a motion to approve the report of a receiver and the objections thereto, evidence sufficient to support the order made.

2. All presumptions are in favor of the regularity of the proceedings and the order of the trial court, and the burden of proving the contrary is on the one asserting error, and, until such is made to affirmatively appear from the record, the order or judgment complained of will not be disturbed.

3. A receiver of an insolvent bank appointed by the district court, for the purpose of taking charge of its assets and winding up its affairs, is a special officer of the court, and his report, being verified, is prima facie evidence of its correctness, and entitled to the same consideration as the return of any other officer of the court, and, in order to be impeached, must be overcome by other competent evidence.

4. The allowance of compensation of a receiver for his services is largely in the discretion of the trial court having charge of the receivership,

[85 N.W. 392]

and unless it is made to affirmatively appear that the amount allowed is erroneous, and there has been an abuse of discretion, the order of allowance will be sustained.


Appeal from district court, Douglas county; Fawcett, Judge.

Action by the state of Nebraska against the Nebraska Savings & Exchange Bank and others. From an order confirming a report of the receiver, William O. Bartholomew appeals. Affirmed.

William O. Bartholomew, in pro. per.

Silas Cobb, Atty. Gen., for the State.


HOLCOMB, J.

From an order approving and confirming a report of the receiver in the matter of winding up the affairs of the Nebraska Savings & Exchange Bank, an appeal is taken by the appellant, on objections and exceptions entered by him against the acceptance of the report, as a creditor of the institution in the control of the receiver. No bill of exceptions has been preserved, and the case is before us on a transcript of the record. It will be presumed, in the absence of a bill of exceptions, that there was before the trial court, acting on the motion to approve the report and upon the exceptions thereto, evidence sufficient to support the order made. Fisk v. Thorp (Neb.) 84 N. W. 79;Van Etten v. Test, 49 Neb. 725, 68 N. W. 1023.

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9 practice notes
  • State ex rel. Beck v. Associates Discount Corp., No. 34398
    • United States
    • Supreme Court of Nebraska
    • April 3, 1959
    ...[168 Neb. 334] 79 L.Ed. 599. See, also, State v. Bank of Rushville, 57 Neb. 608, 78 N.W. 281; State v. Nebraska Savings & Exchange Bank, 61 Neb. 496, 85 N.W. The reports of the receiver show that up to November 12, 1957, he had received payments on these 815 active accounts of $810,676.41. ......
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...application. The amount to be allowed a receiver is to be determined by the court, and the matter rests in its discretion. (State v. Bank, 61 Neb. 496; Bank v. Badger (Wis.), 79 N.W. 21; Ford v. Ford (Wis.), 59 N.W. 464; In re Bank, 57 Minn. 361; Cake v. Mohunn, 164 U.S. 311.) Upon the evid......
  • Kilpatrick v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • May 7, 1907
    ...N.W. 825; Marsden v. Soper, 11 Ohio St. 503.) The compensation of receiver is within the discretion of the court. (State v. Bank (Neb.), 85 N.W. 391; Bank v. Badget (Wis.), 79 N.W. 21; 23 Ency. L. (2d Ed.), 1103; 2 Ency. Pl. & Pr., 92.) The discretion will not be reviewed unless it is shown......
  • State ex rel. Sorensen v. Nebraska State Bank of Bloomfield, No. 28606.
    • United States
    • Supreme Court of Nebraska
    • February 24, 1933
    ...of discretion is shown.” State v. Bank of Rushville, 57 Neb. 608, 78 N. W. 281. See, also, State v. Nebraska Savings & Exchange Bank, 61 Neb. 496, 85 N. W. 391. [7] In this connection it is to be remembered: “The boast of those who have administered equity jurisprudence, that its remedies m......
  • Request a trial to view additional results
9 cases
  • State ex rel. Beck v. Associates Discount Corp., No. 34398
    • United States
    • Supreme Court of Nebraska
    • April 3, 1959
    ...[168 Neb. 334] 79 L.Ed. 599. See, also, State v. Bank of Rushville, 57 Neb. 608, 78 N.W. 281; State v. Nebraska Savings & Exchange Bank, 61 Neb. 496, 85 N.W. The reports of the receiver show that up to November 12, 1957, he had received payments on these 815 active accounts of $810,676.41. ......
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...application. The amount to be allowed a receiver is to be determined by the court, and the matter rests in its discretion. (State v. Bank, 61 Neb. 496; Bank v. Badger (Wis.), 79 N.W. 21; Ford v. Ford (Wis.), 59 N.W. 464; In re Bank, 57 Minn. 361; Cake v. Mohunn, 164 U.S. 311.) Upon the evid......
  • Kilpatrick v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • May 7, 1907
    ...N.W. 825; Marsden v. Soper, 11 Ohio St. 503.) The compensation of receiver is within the discretion of the court. (State v. Bank (Neb.), 85 N.W. 391; Bank v. Badget (Wis.), 79 N.W. 21; 23 Ency. L. (2d Ed.), 1103; 2 Ency. Pl. & Pr., 92.) The discretion will not be reviewed unless it is shown......
  • State ex rel. Sorensen v. Nebraska State Bank of Bloomfield, No. 28606.
    • United States
    • Supreme Court of Nebraska
    • February 24, 1933
    ...of discretion is shown.” State v. Bank of Rushville, 57 Neb. 608, 78 N. W. 281. See, also, State v. Nebraska Savings & Exchange Bank, 61 Neb. 496, 85 N. W. 391. [7] In this connection it is to be remembered: “The boast of those who have administered equity jurisprudence, that its remedies m......
  • Request a trial to view additional results

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