Larson v. West
Appellate Court of Illinois
Bill for a Receiver.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanecy, Judge presiding. Heard in this court at the March term, 1903.
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
The ground urged for a reversal of the order is that the. receiver was appointed without notice to appellant.
“ When the relief is sought upon an ex parte application, upon the ground of extreme necessity, the particular facts and circumstances rendering such summary proceeding necessary should be set forth in the application, and a mere statement of opinion as to such necessity, even though made under oath, will not justify a departure from the general rule requiring notice of the application.” High on Receivers, 3d Ed., Sec. 113,…
2Cases cited2 opinions
- Baker v. Administrator of BackusIllinois Supreme Court · 1863
- Consolidated Stanley Mining & Milling Co. v. LoeberAppellate Court of Illinois · 1901
3Cited by2 opinions
- Anderson v. HultbergAppellate Court of Illinois · 1904
- First National Bank v. FrakerAppellate Court of Illinois · 1982