Omaha daily bee., 1899-05-13
WANT RECEIVER DISCHARGED
Portland Gold Mining Company of Colorado
Files Petition
HAS NOTHING TO TURN OVER TO RECEIVER
Claims Pottawnttnmie County Had No
Jurisdiction in the Case and that
Appointment of Receiver Was
Entirely Unnecessary.

In the suit of James Doyle against the
Portland Gold Mining company Of Colorado,
incorporated under the laws of Iowa, the
defendant yesterday filed a petition in the
district court asking that the appointment
OF Ernest F.. Hart of this city as receiver
be dissolved; also showing why the company
was unable to turn over to the receiver
the stock and transfer books as ordered by
Judge Smith April "a last. Accompanying
the petition, which is a voluminous affair,
is a COPY of the articles of Incorporation
of the company.
In brief the petition sets UP as a reason
why the appointment Of Receiver Hart
should be dissolved that the district court
of Pottawattamie county had no jurisdc-
tion to make such an order, inasmuch as
that It had no jurisdiction OF either of the
parties to the suit or the subject matter
in controversy; that the appointment OF the
receiver was secured without due notice
to the defendant; and that there was no
need for such appointment, as motion to
set aside the judgment secured by Doyle
against Burns, was pending in the same
court The allegation Is again made that
the Judgment was obtained in violation OF
a lawful Injunction issued by the district
court OF El Paso county, Colorado, for the
disobeyment of which restraining order
Doyle is now in prison at Colorado Springs.
The assertion is made that the Portland
Gold Mining company never has violated
and is not now violating the laws of Iowa,
In the application for the appointment OF a
receiver 1t was claimed by Doyle that the
defendant company had violated the state
law governing domestic corporations by not
keeping an office in this CITY, In eXplana-
ton of its failure to maintain an oitlce IN
Council Bluffs the petition sets up that inc
defendant company has not ana never nad
any property within the bounds of the state
of Iowa. and that consequently there is no
property for the receiver to take charge
of. All the property of the company is
located in El Paso county, in the state OF
Colorado. the offices of the company where
all the business is transacted having been
at Colorado Springs ever since 1t was Or
ganized and no complaint had hitherto been
made because the company failed to MAIN
tain an Office in Council Bluffs. The allie
CATION is also made that as Doyle has ceased
to be a stockholder in the defendant corpora
tion and is in no way interested therein,
and that by reason of the fact that from
March, 1894 to February, 1898, he hlled the
position of secretary of the company without
making any complaint, he is now estopped
from taking advantage of the failure of the
company to maintain an office in Iowa.
The defendant company admits in one sec
tion of its petition that it has never Kept
or pretended to keep its transfer books in
Iowa. but has ever since the corporate life
of the company kept them in Colorado
Springs.
In addition to foregoing, much of that
contained in the former petition filed by
Burns to set aside the judgment secured
by Doyle is gone over again. In the show
ing made why the company cannot turn over
the stock and transfer books to the receiver
the company states that it respectfully dis
claims any intention of acting in contempt
of the court or in violation of any lawful
, order, judgment or decree. The matter con-
tanned in the showing is practically the
same as that in the petition for the dis
solution of the appointment of the receiver.