150 Iowa 340 | Iowa | 1911
The Hamilton County State Bank was a creditor of .the Webster City Steel Badiator Company, and commenced an action against said company on said indebtedness, alleging the insolvency of the company and the necessity of having a receiver appointed to take charge of its property. A notice of suit and of the application for the appointment of a receiver was served on the defendant company on the 10th of January, 1908, and it consented in writing to the hearing of the application on the 16th day of January, 1908, and on said date the application was heard, and the plaintiff was appointed receiver. He qualified a ■ few days thereafter, and took possession of the property of the defendant company. The petition in that action was not actually filed in the clerk’s office until the 17th day of January, 1908. -In May, 1908, the plaintiff herein applied to the court for authority to make a call upon the stockholders- of -the radiator company for- a portion of - the. money due on the stock held by them;
1. Receivers:appointment: action: jurisdiction. The appellant insists that the district judge had no jurisdiction to appoint a receiver on the 16th day of July, 1908, because the petition was not on file with the clerk until the next day. In other words, it is claimed that no action was pending on the 16th of July. We think the appellant is J . mistaken as'to the effect of the notice served on the radiator company on the 10th day of July, and also as to the power conferred on the court or judge by Code, section 3822. The action against the radiator company was commenced when the notice was served on the 10th of July (Code, section 3514), and it was pending thereafter until finally determined or dismissed. Webster’s International Diet.; Ex parte Munford, 57 Mo. 603; Brown v. Foss, 16 Me. 257. Under section 3822, a receiver may be appointed before the defendant is affected with notice of the suit. Jones v. Graves, 20 Iowa, 596.
While the receiver testified that he had closed the business of the corporation, he had not in fact done so, nor had he been authorized to do so; hence there is nothing in the appellant’s claim that no jurisdiction existed to appoint a receiver upon the application of a private individual, the effect of which was to dissolve the corporation.