Polk v. Johnson
Decision Date | 03 October 1906 |
Docket Number | 20,896 |
Parties | Polk v. Johnson, Receiver |
Court | Indiana Supreme Court |
Rehearing Denied December 20, 1906, Reported at: 167 Ind. 548 at 551.
From Johnson Circuit Court; Vinson Carter, Special Judge.
Claim for services by Grafton Johnson, as the receiver of the property of James T. Polk, against which James T. Polk excepts. From an allowance of $ 9,500, the exceptor appeals. Appealed from Appellate Court under subd. 3, § 1337j Burns 1901, Acts 1901, p. 565, § 10.
Appeal dismissed.
L. Ert Slack, L. J. Hackney, Charles F. Coffin and Wilson & Townley, for appellant.
Miller Shirely & Miller, R. M. Miller, H. C. Barnett and E. A McAlpin, for appellee.
Appellee filed his resignation and report as receiver of appellant's property, in which he asked an allowance of $ 20,000 for services, to which appellant excepted. A part of the exception was stricken out on appellee's motion, for which error the judgment was reversed by this court. Polk v. Johnson (1903), 160 Ind. 292, 66 N.E. 752. Appellee's resignation was accepted, and the Central Trust Company appointed and qualified as his successor, and upon the return of the cause to the court below appellee replied to appellant's exception by general denial and by affirmative allegations. Appellant's demurrers to the affirmative paragraphs of reply were overruled. A trial upon the issues so formed resulted in the following judgment:
Appellant prosecuted an appeal from this judgment to the Appellate Court, which court overruled appellee's motion to dismiss the appeal and affirmed the judgment. A further appeal to this court has been taken, and it is urged that the circuit court erred in overruling appellant's demurrers to the affirmative paragraphs of reply, and in overruling his motion for a new trial.
Appellee has properly presented his motion to dismiss the appeal, and insists that the same should be sustained, for the reasons (1) that appellant is not the...
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