Robinson v. Dickey
| Decision Date | 08 January 1896 |
| Docket Number | 17,535 |
| Parties | Robinson v. Dickey |
| Court | Indiana Supreme Court |
From the White Circuit Court.
Interlocutory order appointing a receiver is affirmed.
A. W Reynolds and A. K. Sills, for appellant.
Elliott & Elliott, for appellee.
This is an appeal from an interlocutory order appointing a receiver of certain personal property, made in vacation, on application of appellee, by the judge of the White Circuit Court.
It appears from the record that appellee, on the 2d of February 1895, filed in the office of the clerk of the White Circuit Court his verified complaint in one paragraph against appellant, for the partition of certain personal property and the appointment of a receiver. On the same day, before summons was issued, the judge of said court, in vacation without notice to appellant of such application for a receiver, and without any appearance by him, appointed a receiver to take possession of the personal property in controversy. On the 4th of February a summons was issued by the clerk and delivered to the sheriff, and was duly served on appellant the same day.
Afterwards, on February 8th, the appellant filed his verified motion before said judge at chambers to set aside the appointment of said receiver for the reason that no action was pending against appellant when said receiver was appointed. On the same day appellee filed a second application for the appointment of a receiver in said cause. The judge, after hearing the motion to set aside the order appointing said receiver and the evidence in support of the same, and the second application for the appointment of a receiver and the evidence given in support thereof, sustained said motion of appellant and set aside the order appointing a receiver, and ordered that the personal property be restored to appellant, and also sustained appellee's application for the appointment of a receiver, and again appointed the same person receiver to take and hold possession of said personal property.
After the appointment of the receiver, appellee filed a second and third paragraph of complaint, and the cause was tried and judgment rendered on said second paragraph of complaint in favor of appellee, and an order entered that said receiver sell said personal property and divide the proceeds, etc.
From that judgment appellant appealed to this court, and the judgment in said cause was affirmed. Robinson v. Dickey, 143 Ind. 204. No objection is pointed out to appellee's last application for the appointment of a receiver or to the complaint in one paragraph on file when the last order appointing a receiver was made.
But appellant urges that the order appointing a receiver was not sustained by the evidence.
Appellee however, contends that this question cannot be considered, for the reason that all the evidence is not in the record. There is what purports to be a bill of exceptions in the record, signed by the judge, February 12, 1895, but there is nothing in the record showing that it was filed in the office...
To continue reading
Request your trial