McBride v. State ex rel. McKinley
| Decision Date | 01 July 1933 |
| Docket Number | No. 14990.,14990. |
| Citation | 97 Ind.App. 305,186 N.E. 388 |
| Parties | McBRIDE et al. v. STATE ex rel. McKINLEY, Bank Commissioner, et al. |
| Court | Indiana Appellate Court |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Madison County; Bartlett H. Campbell, Judge.
Action by the State, on the relation of Richard A. McKinley, Bank Commissioner, against the Citizens Bank & Trust Company of Elwood, wherein Joseph H. Fihe was appointed receiver for the defendant bank. From a judgment denying their request to intervene and to set aside the order appointing the receiver, Thomas McBride, O. W. Coxen, and Dale J. Dickey appeal.
Judgment affirmed.
Walter G. Todd, of Indianapolis, for appellants.
Walter Vermillion and Harry G. Neff, both of Anderson, for appellees.
This action was instituted in the superior court of Madison county, Ind., by State ex rel. Luther H. Symons, Bank Commissioner of Indiana, against Citizens Bank & Trust Company of Elwood, Ind., for the appointment of a receiver. Upon the oral motion of the appellee Richard A. McKinley, bank commissioner of the state of Indiana, successor to Luther H. Symons, was substituted as relator herein.
The defendant was defaulted and on April 11, 1933, the court heard the evidence, found that a receiver should be appointed, and on April 22, 1933, appointed Joseph H. Fihe as receiver.
Thomas McBride, O. W. Coxen, and Dale J. Dickey filed petitions to intervene and to set aside the order appointing said Fihe. The court denied petitioners' request to intervene and this appeal is prosecuted from such ruling and judgment. The said order and judgment of the court is as follows: “Comes now Thomas McBride, O. W. Coxen and Dale J. Dickey, petitioning interveners in the above entitled cause, by their attorney Walter G. Todd, and the petition of Thomas McBride, O. W. Coxen and Dale J. Dickey, to intervene is now submitted to the court, and the court being duly advised in the premises, finds that said petition to intervene herein for the uses and purposes therein set out should be denied.
“It is therefore, ordered, adjudged and decreed by the court that the said Thomas McBride, O. W. Coxen and Dale J. Dickey are refused and denied permission by the court to intervene in said cause for the uses and purposes set out in said intervening petition, to which ruling and judgment of the court said petitioners except.”
Neither the assignment of error nor a clear statement disclosing the errors relied upon for reversal are set forth...
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