In Re Geo. D. Geddes Undertaking & Embalming Co.

ROGERS, Justice.

Walter C. Dwyer, receiver of the Geo. D. Geddes Undertaking & Embalming Company, Ltd., has moved to dismiss the appeal of Joseph P. Geddes, a stockholder and creditor of the corporation. The appeal is from a judgment dismissing the rule taken by the appellant to terminate the receivership a.nd for an order to sell the property and distribute the" corporate assets.

The motion to dismiss is based on two grounds; the first is that a reversal of the judgment cannot avail appellant, as, admittedly, the corporation is insolvent and the corporation’s debt to appellant cannot be paid.…