Fink v. Montgomery
Indiana Supreme Court
From St. Joseph Circuit Court; W. A. Funk, Judge. Action by Hugh T. Montgomery against Henry A. Fink. From an interlocutory order appointing a receiver, defendant appeals.
1Opinion of the CourtDowling, J.
This is an appeal from an interlocutory order appointing a receiver in an action between partners for an account and settlement of their partnership affairs, to take charge of the assets, collect debts, and wind up the business of the firm. The error assigned is the action of the court sustaining the motion for such appointment.
The points of objection made by the appellant to the proceedings and order of the court are thus stated: “(1) An action cannot be maintained for the sole purpose of having a receiver appointed. (2) In suits between partners a receiver will not he appointed unless it…
2Cases cited8 opinions
- Webb v. AllenCourt of Appeals of Texas · 1897
- Allen v. HawleySupreme Court of Florida · 1855
- Turnbull v. Prentiss Lumber Co.Michigan Supreme Court · 1884
- Connelly v. DicksonIndiana Supreme Court · 1881
- Sweet v. . MorrisonNew York Court of Appeals · 1886
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3Cited by6 opinions
- Marshall v. MatsonIndiana Supreme Court · 1908
- Folk v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- Mannos v. Bishop-Babcock-Becker Co.Indiana Supreme Court · 1914
- Wehmeier v. Mercantile Banking Co.Indiana Court of Appeals · 1912
- McKinley v. LongIndiana Supreme Court · 1949
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