Legal Opinion

Gerson v. DeTurck

Appellate Court of Illinois

Decided March 30, 1899Published

Interlocutory Order Appointing a Receiver.—Appeal from the Superior Court of Cook County; the Hon. Farlin Q. Ball, Judge, presiding. Heard in this court at the October term, 1898.

1Opinion of the CourtJustice Sears

the court.

This is an appeal from an interlocutory order appointing a receiver. The order was entered upon the showing made by the bill of complaint, which is an ordinary creditor’s bill and is verified.

It is urged by counsel for appellant, that the order is erroneous, because, first, there is not a sufficient return upon the executions issued upon the judgments which are the basis of the creditor’s bill; and, secondly, because the bill of complaint is not properly verified. We can not assent to either proposition. We are of opinion that the return of the sheriff is sufficient. The “ within…

2Cases cited3 opinions

  1. First National Bank v. GageIllinois Supreme Court · 1875
  2. Chicago Dock & Canal Co. v. KinzieIllinois Supreme Court · 1879
  3. Edwards v. RodgersAppellate Court of Illinois · 1891

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