Legal Opinion

State Ex Rel. Red Dragon Diner, Inc. v. Superior Court

Indiana Supreme Court

Decided May 1, 1959No. 29,750PublishedCited by 23 opinions

1Opinion of the CourtAchor, J.

In this case the court appointed a receiver without notice, and relator has asked for a writ prohibiting respondents from taking any further action in said proceeding. A temporary writ has issued. Relator asserts among other things that the respondent court was without jurisdiction to appoint a receiver without notice for the reason that the complaint did not state facts which authorized the court to exercise this very extraordinary remedy.

Notice, giving a defendant opportunity to be informed regarding the nature of the action and reasonable opportunity to make a defense, is an essential…

2Cases cited13 opinions

  1. Town of Walkerton v. New York, Chicago & St. Louis RailroadIndiana Supreme Court · 1939
  2. Rinn v. Asbestos Manufacturing Co.Supreme Court of the United States · 1939
  3. McElwaine v. HoseyIndiana Supreme Court · 1893
  4. Noxon Chemical Products Co. v. LeckieCourt of Appeals for the Third Circuit · 1930
  5. Hawkins v. AldridgeIndiana Supreme Court · 1937

8 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Perkins v. Allen County Department of Public WelfareIndiana Court of Appeals · 1976
  2. Neill v. RidnerIndiana Court of Appeals · 1972
  3. In the Matter of MurrayIndiana Supreme Court · 1977
  4. Skolnick v. StateIndiana Court of Appeals · 1979
  5. Smith v. Indiana State Board of HealthIndiana Court of Appeals · 1973

18 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API