Henry v. Swailes
Indiana Court of Appeals
Prom Marion Circuit Court (19,337); Charles Remster, Judge. Action by Emma J. Swailes against Charles L. Henry, receiver for the Indianapolis and Cincinnati Traction Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtIbach, J.
1. 2. The complaint in this case was not attacked by demurrer, but it is assigned in this court as error that it does not state facts sufficient to constitute a cause of aetion. Appellant urges the insufficiency of the complaint for the reason that there is no averment -that permission of the court to sue appellant as receiver had been obtained. Several cases are cited to the effect that a complaint against a receiver is not good against demurrer unless it contains a statement that the plaintiff had obtained permission of the court to sue. This rule seems well established. Malott v. State, ex…
2Cases cited4 opinions
- Elkhart Car Works Co. v. EllisIndiana Supreme Court · 1888
- Henry v. EpsteinIndiana Court of Appeals · 1911
- Marquis v. DavisIndiana Supreme Court · 1888
- Malott v. State ex rel. Board of CommissionersIndiana Supreme Court · 1902
3Cited by1 opinion
- Holtam v. SachsIndiana Court of Appeals · 1963