Johann & Sons Co. v. Berges

This is an appeal from an ordér appointing a receiver without notice.

The statute authorizing the appointment of a receiver in Indiana provides, inter alia, as follows :

“Receivers shall not be appointed, either in term or vacation, in any case, until the adverse party shall have appeared, or shall have had reasonable notice of the application for such appointment, except upon sufficient cause shown by affidavit.” Acts 1881 (Spec. Sess.), ch. 88, §253, p. 240, being §3-2602, Burns’ 1946 Replacement.

“This section of the Code is declaratory of the equitable practice ‘to require the moving party…