Hunter v. Parkman

On Rehearing

The appellant rests his application for rehearing on the omission from the order appointing the receiver a requirement that complainant give a bond as provided by § 1158, Code of 1940, Title 7. As we have held this statute is mandatory and such omission in the order constitutes an irregularity, which if the matter had been called to the attention of the court by motion to vacate, followed by a failure or refusal of the court to correct the irregularity, would constitute error to reverse.

However, the court’s jurisdiction in the matter was not nullified by the omission and the order…