Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-04-24
WANT LEWIS RE-
CEIVER OUSTED
Heavy Creditors Attach Property
and Appeal to Court


with the clerk OF the district court
by the law Arm Of Sanders a Flynn
in behalf OF John Cronan against the
b. r. Lewis Lumber company and
B. r. Lewis. and today a motion was
filed by the same plaintiff asking that
the order of the court, made at the
request OF the Exchange National
bank OF this city. appointing a re-
ceiveF for the b. r. Lewis Lumber
company be set aside.
Cronan In his complaint filed yes
terday alleges that on the 2lst day Of
October. 1907. the b. II. Lewis Lum-
Der company made and executed n
note TO him; that the note was due
on the 2tst day of April, 1908, for
the sum of $4,000. together with In
terest at the rate OF per cent. He
further alleges that b. II. Lewis, for
the purpose OF giving credit 10 the
note, indorsed II and that on the
date OF maturity when the note was
presented TO the company payment
was declined. A writ Of attachment
was issued In the case and served on
the company.
The motion filed today by cronan
Is set for hearing on the seth OF this
month, and sets forth a number OF
grounds why the order OF the court
appointing the receiver should be set
aside. II sets out that the court has
no power and exceeded It's iurisdic-
ton In the appointment OF n receiver
for the company in the action filed
against the company by the Exchange
National bank. II charges that the
appointment was secured BY collision
between the bank and the lumber
company, and that II was for the pur-
pose Of hindering and delaying the
eompany's creditors. and that the APP
pointment Is void. because Fred D.
Morril. attorney and legal adviser ol
the lumber company and q non-resi'
dent of the state, was made receiver
The motion Is supported by the
AFFIDAVIT of cronan and the afIidavits
OF J. r. Magee. attorney for -. p
Munson. and also that Of a reporter
on the Spokesman-Reyiew. Cronar
in his AFFIDAVIT sets out his note
against the company and his inability
to collect II because Of the appoint
ment OF a receiver. Magee's Afiidavit
states that he is the attorney fol
b. p. Munson, who is q creditor oI
the b. r. Lewis Lumber company e
the extent OF $4,000. and sets ou
a number of letters from the -. II
Lewis Lumber company wherein thel
ask for an extension of time on tn,
debt due Munson. The affidavit o.
the reporter of the Spokesman-Re
view is with relation to an interview
which he had with b. f. Lewis short
ly after the appointment OF a Teceiy
err In this interview Lewis, amoni
other things concerning the com
pany's condition. is said to hayr
stated that the receiyership was re
sorted 10 by the Exchange Nationa
bank at the request Of the company
because II feared the fevying OF al
attachment by other creditors.
The commencement of the aboy
suit and the issuance OF an attach
ment on the property presents
somewhat novel legal problem
Property in the hands Of a receive
is generally In contemplation of lar
in the hands Of the court. and there
fore exempt from attachment or Othe
judicial proceedings. and IL il ri
mored that the company may inst
tute contempt proceedings aEainl
the attorneys for the commencement
Of the suit. An effort to verify TIL
rumor failed The attorneys fo
Cronan. when seen with relation I
this phase Of the situation, decline
TO discuss II.