Wabash Railroad v. Dykeman

This is an appeal from an order appointing a receiver without notice to the adverse party.

The general rule is that appeals lie only from final judgments. One of the exceptions to this general rule is contained in section 1231, R. S. 1881, which gives an appeal from an order appointing or refusing to appoint a receiver without awaiting the final determination of the case in which such order is made. The appeal must he taken within ten days, and where a receiver has been appointed an appeal bond must he filed, conditioned for the due prosecution of such appeal. Upon the taking of the appeal the…