Section 7.16 Jurisdiction

• Library: Creditors' Remedies (2009 Ed. + 2014 Supp)

B. (§7.16) Jurisdiction

A court in equity has the power to appoint a receiver. See generally State ex rel. Pettibone v. Mulloy, 52 S.W.2d 402 (Mo. banc 1932). Because the appointment of a receiver constitutes equitable relief, the party seeking the receiver must affirmatively plead and establish that no adequate remedy at law exists before a receiver may be appointed. In Simplex Paper Corp. v. Standard Corrugated Box Co., 97 S.W.2d 862, 866 (Mo. App. E.D. 1936), the court of appeals specifically found that...