Legal Opinion

Hanon & Sons v. Weil Bros.

Mississippi Supreme Court

Decided October 15, 1891PublishedCited by 2 opinions

Motion in the supreme court. In this case, pending in the chancery court of Lauder-dale county, an appeal, with supersedeas, was granted by Chancellor S. Evans, from an interlocutory order made by him in vacation, by which a receiver, appointed at the instance of appellants, was removed, and the property in his possession ordered to be restored to appellees, upon the execution by them of a forthcoming boud.

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Motion in the supreme court. In this case, pending in the chancery court of Lauder-dale county, an appeal, with supersedeas, was granted by Chancellor S. Evans, from an interlocutory order made by him in vacation, by which a receiver, appointed at the instance of appellants, was removed, and the property in his possession ordered to be restored to appellees, upon the execution by them of a forthcoming boud. This motion is made by appellees, under § 1421, code 1880, to discharge the supersedeas.

1Opinion of the CourtCampbell, C. J.

An appeal does not lie from an order of a chancellor, vacating the appointment of a receiver, absolutely or conditionally, and directing a return of property to the person from whom it was taken. This is not a change of the possession of property, within the contemplation of § 2311 of the code. It is mei’ely a restoration of the 'status quo as existing before the appointment of the receiver. The refusal to appoint a re-, ceiver may not be appealed from, and the removal of the receiver is not appealable.

Motion to discharge the supersedeas is sustained.

2Cited by2 opinions

  1. Popp v. Daisy Gold Mining Co.Utah Supreme Court · 1900
  2. Pearson v. KendrickMississippi Supreme Court · 1896