Morris v. Nixon

This is an appeal from an interlocutory order, appointing a receiver without notice. Appellee filed her verified complaint in the court below which prayed for the appointment of a receiver without notice, and on the date that the cause was commenced, such receiver was so appointed.

By a proper assignment of error, appellants call in question the action of the trial court in making the appointment of the receiver in the absence of notice of such appointment.

Section 3-2602, Burns’ 1933, provides as follows:

“Receivers shall not be appointed, either in term or vacation, in any case, until the…