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1 Mont. 98

Wilson v. Davis

Montana Supreme Court

Decided December 15, 1868

Montana Supreme Court · decided 1868-12-15

This case came before the court at the August term, 1870, and the facts are contained in the report on page . In October, 1867, Wilson brought this action in the first district in Gallatin county. After a hearing at chambers, the court, Hosmer, J., appointed a receiver to take charge of the property in controversy, and issued an order restraining some of the defendants from interfering with the same. The other facts appear in the opinion.

Good law ✅— No negative treatment on recordhow we know

Decided 1868-12-15

How this case has been cited

Cited by 3 later decisions — most recently November 1921

3 state decisions

101868187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Warren, C. J.

¶1This purports to be an appeal from an order made in this court at chambers by Hon. H. L. Hosjier, judge of the first judicial district court at Madison county, on the motion of the respondent appointing a receiver.

¶2The appointment of a receiver is an interlocutory proceeding, and from such an order no appeal lies. The record shows no motion to dissolve the injunction, and no order refusing to dissolve it, and no final judgment or order from which an appeal could be taken.

¶3The bill of exceptions filed with the transcript, and the original bond filed in this court, show that it was intended to appeal from the order of the court appointing the receiver. No notice of appeal appears to have been filed or given, but an affidavit accompanies the record that all legal formalities were orally waived by respondent on the appeal.

¶4No agreement of parties can confer upon the court a jurisdiction which is not given by law.

¶5The appeal is dismissed, with costs.

¶6Appeal dismissed.

Knowles, J., concurred.
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