59 Neb. 753 | Neb. | 1900
This is an application for a mandamus to compel the respondent, one of the judges of the fourth judicial district, to render judgment favorable to the relator on special findings made in the case of Emerson v. Stimmel et al. pending in the district court of Douglas county.
The facts which form the.basis of our decision are as follows: Frank T. Emerson and Phil Stimmel were the sole members of a mercantile partnership which was found to be insolvent in January, 1894. The Omaha National Bank and Montgomery, Charlton & Hall had recovered judgments against Mr. Stimmel and had caused executions to be levied on. the partnership property. To prevent a sale under these executions and to secure the application of firm assets to the payment of firm debts,
“Wherefore, they pray that the relief asked for by the interveners, be denied; that their application for a temporary injunction be denied. And they further pray that the report of the referee on file in this cause as far as it*756 passes upon the claims of creditors of said partnership, be established and confirmed, and that the amounts found due the several claimants, as therein set forth, be established, and that said several claimants have judgment for said several respective amounts, and that the report of said referee finding as to the assets and the liability of the interveners, the Omaha National Bank and Montgomery, Charlton & I-Iall be held to be advisory only and as affording good and sufficient grounds for the appointment of the receiver herein with instructions to sue said parties at law for the recovery of said assets. That the appointment of the receiver heretofore made herein, be established and confirmed, as having been providently and properiy-made, and that the receiver be required and directed to proceed with the law actions now pending against the interveners on the law side of this court.”
On May 26, 1899, the court, on motion of the interveners, permitted them “to withdraw and dismiss their said petition of intervention and answer and cross-petition of intervention, without prejudice'.” The cause then proceeded to trial, and the court, having the report of the referee before it, made the following finding: “The court further finds that there should be i*ecovered in this suit, from the defendant, the Omaha National Bank, the said sum of $85,886.20, and from the defendants, Montgomery, Charlton & Hall, the sum of $5,714.00, for the use and benefit of the several claimants of the partnership, consisting of Phil Stimmel and Frank T. Emerson, and further finds that whereas, Frank A. Agnew, has been duly appointed as receiver herein; that it will best conserve orderly jn-ocedure and the ends of equity that the said intervening creditors who have proved their claims- as set out in this decree, should have and recover herein through the said Frank A. Agnew, receiver, and in his name, judgment against the defendant, the Omaha National Bank, for the sum of $85,886.20, and against the-defendants, Montgomery, Charlton & Hall, for the sum of $5,714.00, together with the costs of this action. But
The contention of the relator is that judgment should have been rendered in the equity case against the Omaha National Bank and Montgomery, Charlton & Hall, based-on the fihding above quoted; and we are asked in this case to set aside the decision of the district court on the question of jurisdiction and enter a peremptory command for a decree in favor of the receiver. Whether the court gave a good or a bad reason for its action is not material. If a correct conclusion was reached, the decision must be approved regardless of the reason that induced it. Con
Writ denied.