Fluke v. Phelps

The following is the only assignment of error:

“The court erred in entering said decree or order because it did not require complainant, first, to give bond as required by sec. 53, chap. 22, of Hurd’s Revised Statutes, and complainant did not file such a bond.”

This assignment does not bring before us for review the restraining order, but only the order appointing a receiver.

The statute, section 22, chap. 52, R. S., provides that before any receiver shall be appointed, the party making the application shall give bond to the adverse party in such penalty as the court or judge may order, and with…