9 Kan. 435 | Kan. | 1872
'The opinion of the court was delivered by
Defendant in error sued plaintiff in error in -the district court for a settlement of partnership affairs. He -alleged in his amended petition a partnership, its termination, that defendant (now. plaintiff in error) had in his possession •certain assets of the partnership, that he refused to account, •excluded plaintiff from all control over the property, declined to make any division, or any disposition whereby a settlement of the partnership could be had. The petition was verified. Upon notice and motion, supported by affidavits, -a receiver was appointed. A motion to rescind and set aside •the order appointing a receiver was overruled, as was also a .similar motion made after filing of answer. This answer •denied absolutely any partnership, and was also verified.
Five points of alleged error are presented to our notice in the brief of counsel for plaintiff in error: 1st, That it was-error to appoint a receiver upon the showing made; 2cl, That the appointment should have been set aside upon the motiop made therefor, before answer; 3d, It should have been done after answer filed denying under oath the partnership; 4th,. It was error to grant the continuance; 5th, That the court ought not to have modified the referee’s x-eport as to the-question of costs.