79 Neb. 16 | Neb. | 1907
This was an action instituted by the plaintiff in the court below, as receiver of the Merchants and Manufacturers Mutual Insurance Company of Omaha, Nebraska, against the defendants, who were policy holders of the company residing in Saunders county, Nebraska. The petition set out the proceedings of the district court for Douglas county, by which the insurance company was adjudged to have beep insolvent and plaintiff was ap
It is absolutely necessary for' the orderly transaction of business in trial courts that litigants should comply Avith all reasonable and salutary rules governing the conduct of actions therein. And, to require a compliance Avith proper rules of procedure in the district court, section 430 of the code provides, among other things, that an action may be dismissed without prejudice “by the court, for disobedience by the plaintiff of an order concerning the proceedings in the action.” Now, unless the rule of the court, requiring the information in plaintiff’s petition demanded by paragraph seven of the' motion before set out, was either an unreasonable, oppressive or arbitrary exercise of the discretion reposed in the trial judge in
In the case of Commonwealth Mutual Fire Ins. Co. v. Hayden Bros., 61 Neb. 454, this identical question was before this court and was carefully examined on a second hearing, and, after an exhaustive review and discussion of the authorities, it was there held that “a court having jurisdiction of an insolvent corporation for the purpose of winding up its affairs has no authority to render a personal judgment against one of its stockholders who is not a party to the action by service of process or voluntary appearance. Neither has the court in such case authority to adjudicate the fact of membership in the corporation.” Applying the doctrine announced in this opinion to the issues in the case at bar, we conclude that the levy of assessments by the district court for Douglas county on constructive notice against the members of the association had the effect of finally determining the amount of the assets and liabilities of the insolvent cor-, poration, and the amount of the assessment which should
We are therefore of the opinion that the trial court was fully justified in dismissing the petition for noncompliance with its rule, and Ave recommend that the judgment be affirmed.
By the Court: For the reasons given in the foregoing opinion, the judgment of the district court is
Affirmed.