The daily journal. (Salem, Or.) 1899-1903, 1903-03-30
OREGON
SUPREME
COURT
H. B, ThielSen Wins Out in
ReceiVerShip Suit
But Murderer George Smith,
of Portland, will Hang

Among the cases decided by the
Oregon supreme court today was that
concerning the Gilbert Bros bank. in
which II. B. Thielsen was the appel
liant. and Claud Catch, as receiver,
and a number of creditors, were the
respondents. 1t was on an appeal
from Judge Bosses court, in this
county. Justice Bean writes the opin-
ion, which reverses the judgment OF
the trial court, and remands the ease
for further consideration.
This appeal involved the claim of
Henry b. Thielsen, as temporary re.
ceiver of the Gilberts' bank property,
TO about 1854, alleged TO be due for
services performed and money nee.
essarily expended in the management
OF the bank. The claim OF Thielsen
was for $3.50 compensation for ser.
vices as temporary receiver and
S3O4.72 for necessary expenses. The
appeal was taken from an order OF
the circuit court sustaining a demur-
er TO and dismissing the petition OF
Theilsen for an order directing Claud
Catch, as permanent receiver. TO pay
from the funds Of the bank the amount
of Thielsen's claim. When the GIL.
bert bank case first developed IL came
up In the United States district court,
and Thielsen was appointed temporary
receiver. and continued in charge nm.
an relieved by Mr.. Catch. who was
named as permanent receiver. The
contention Of the respondents was
that the ease having been dismissed
from the federal court. that all pro
ceedings hereunder had been irreg.
ular. and that Thielsen should have
recovered his compensation and costs
from the parties bringing the origin
al action. and under which he received
the appointment OF temporary re.
ceiver. In discussing this question,
the court says: But when the court
has the general power and authority
10 appoint a receiver pendente lite In
proper cases and the parties TO a
pending suit appear and admit that
such an appointment is necessary in
the suit. and acting ON such assent a
receiver Is appointed, his compensa'
tion and the expenses necessarily in
cured by him in preserving and car.
ing for the property duder the order
or the court should be paid out OF the
fund, although Il may be found, on
further investigation, and subsequent
examination. that the court was In
fact without jurisdiction OF the subse-
quent matter, and the suit ultimately
he decided adversely 70 the plaintiff
ferguson VS.. Dent, 80 Fed. $50, and
especially is this so where, as here,
the benefit OF the services Of the re-
ceiver and Of the expenses incurred
by him have been appropriated and
used by a subsequent receiver, and
therefore Injured 10 the estate
Other cases We're decided as fol
lows:
State Of oregon, respondent, vs.,
Charles Houghton, alias Chick
Houghton. appellant; from Multnomah
county, A. f. Sears, Jr. Judge; re.
versed and new trial ordered; opinion
by Justice Bean,
State OF Oregon. respondent, VS.,
George Smith, appellant; from Multi
nomah; NJ c. George, judge; al,
hrmed; opinion by Chief Justice
Moore.
Heinrich Volp, appellant, VS.. The
State Board Of Medical Examiners;
from Multnomah county; NJ. C..
George, Judge; affirmed; opinion by
Justice Wolyertou,