State v. Porterfield

• Decision Date: 18 June 1923
• Docket Number: No. 14787.,14787.
• Parties: STATE ex rel. RICE et al. v. PORTERFIELD, Judge, etc., et al.,
• Court: Missouri Court of Appeals

253 S.W. 66

214 Mo. App. 37

STATE ex rel. RICE et al. v. PORTERFIELD, Judge, etc., et al.,

No. 14787.

Kansas City Court of Appeals. Missouri.

June 18, 1923.

Rehearing Denied July 2, 1923.

"Not to be officially published." Prohibition by the State, at the relation of L. D. Rice and another, receivers of the Simplex Spreader Manufacturing Company, a corporation, against Honorable Edward E. Porterfield, Judge of the Circuit Court, Jackson County, Division No. 7, and another. Respondents' demurrer sustained, and permanent writ denied.

Miller, Camack, Winger & Reeder, of Kansas City, for relators. Walsh & Aylward, of Kansas City, for respondents.

BLAND, J.

This is an original proceeding brought in this court seeking to prohibit the respondent Porterfield, as judge of division 7 of the circuit court of Jackson county, Mo., at Kansas City, from proceeding in the case of John O. Bose v. L. D. Rice and August D. Adam, receivers of the Simplex Spreader Manufacturing Company. The defendants in that case are the petitioners in this case. A preliminary writ of prohibition was issued. Respondents filed a demurrer to the petition for the writ.

The facts as disclosed by the petition for the writ are as follows:

That on April 24, 1923, there was pending in the circuit court of Jackson county, Mo., at Kansas City, said case of John O. Bose v. L. D. Rice and August Adam, wherein plaintiff sought to recover damages for personal injuries against the defendants as receivers of said manufacturing company; that on said day the cause was assigned to the division of the court over which respondent Porterfield presided; that the petition in said case alleged that defendants were at all times mentioned in the petition, and particularly on the 14th day of January, 1922, the duly appointed, qualified, and acting receivers of said manufacturing company and in the management and control of all its property of every kind and character, including the factory and other business of said company; that plaintiff Bose on said day was injured through the negligence of the agents, servants, and employees of said receivers.

The petition for the writ further alleged that on April 24, 1923, when said case was called for trial by respondent Porterfield, the defendants therein filed an amended answer wherein it was admitted that on the 25th day of November, 1921, they were appointed receivers for the Simplex Spreader Manufacturing Company in the case of Black v. Manufacturing Company filed in the District. Court of the United States for the Western Division of the Western District of Missouri, and that they were the receivers of and acting as such for the manufacturing company on said 14th day of January, 1922; that on the 24th day of March, 1922, a petition in bankruptcy was filed in said court against the manufacturing company, and thereafter on the 28th day of July, 1922, the manufacturing company was duly adjudged a bankrupt by said court, and that Joseph M. Jones was duly elected as trustee in bankruptcy and immediately qualified and assumed the duties as such; that on the 2d day of August, 1922, the relators as receivers of the manufacturing company delivered to said Jones all the property of the manufacturing company of every kind and character in their possession and control as receivers; that on the 31st day of August, 1922, relators as such receivers filed a final report in said cause, and on the 6th day of September, 1922, said final report was approved by said court, and relators as such receivers were discharged; that since said 6th day of September, 1922, relators had no interest whatever In the bankrupt estate or the property or assets of the manufacturing company and were not at the time of the filing of said amended answer or since said 6th day of September, 1922, acting in any representative capacity in connection with the property or assets of said manufacturing company; that by reason of all of said facts said division No. 7 of said circuit court of Jackson county at Kansas City bad no jurisdiction over the subject-matter of the action or over the persons of the relators.

The petition for the writ further alleges that upon the filing of the amended answer plaintiff Bose filed a reply consisting of a general denial. Thereupon the cause came on for hearing upon the plea to the jurisdiction contained in the amended answer in support of this plea de...