McCann v. Spiro State Bank

2 Citing cases

  1. Whisman v. Missouri State Life Ins. Co.

    97 P.2d 1 (Okla. 1939)   Cited 1 times

    The evidence further shows the mortgaged property, in all probability, to be insufficient to discharge the amount of mortgage indebtedness. In McCann v. Spiro State Bank, 160 Okla. 123, 16 P.2d 81, paragraph 1 of the syllabus states: " 'The appointment of receivers by the inferior courts, when brought to the Supreme Court for review, will not be reversed unless it clearly appears that the lower court abused the discretion, placed with such inferior courts, under the provisions of section 4979, R. L. 1910 (C. O. S. 1921, ยง 518) chapter on Receivers (Willard Oil Co. v. Riley, 29 Okla. 19, 115 P. 1103).' Skelly Oil Co. v. Globe Oil Co., 82 Okla. 214, 200 P. 537."

  2. Ellis v. Panther Oil Gas Co.

    43 P.2d 423 (Okla. 1935)   Cited 5 times

    The well-settled rule in this state is that when a party applying for the appointment of a receiver, pendente lite, has made a showing entitling him, upon some recognized rule, to have a receiver appointed, it is within the sound judicial discretion of the trial court as to whether a receiver should be appointed, and this court will refuse to interfere unless it is clearly shown that there has been an abuse of such discretion. McCann v. Spiro State Bank, 160 Okla. 123, 16 P.2d 81; Tolbert v. Chisholm, 163 Okla. 92, 21 P.2d 16; State ex rel. Barnett, Bank Com'r, v. Creek Realty Co. et al., 167 Okla. 319, 30 P.2d 160; Oklahoma City Building Loan Association v. Hinton et al., 169 Okla. 205, 36 P.2d 735. In the case of Anglo-American Royalties Corporation v. Brentnall, 167 Okla. 305, 29 P.2d 120, 121, this court said: