State Ex Rel. Red Dragon Diner, Inc. v. Superior Court
Indiana Supreme Court
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
- Town of Walkerton v. New York, Chicago & St. Louis RailroadIndiana Supreme Court · 1939
- Rinn v. Asbestos Manufacturing Co.Supreme Court of the United States · 1939
- McElwaine v. HoseyIndiana Supreme Court · 1893
- Noxon Chemical Products Co. v. LeckieCourt of Appeals for the Third Circuit · 1930
- Hawkins v. AldridgeIndiana Supreme Court · 1937
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Perkins v. Allen County Department of Public WelfareIndiana Court of Appeals · 1976
- Neill v. RidnerIndiana Court of Appeals · 1972
- In the Matter of MurrayIndiana Supreme Court · 1977
- Skolnick v. StateIndiana Court of Appeals · 1979
- Smith v. Indiana State Board of HealthIndiana Court of Appeals · 1973
18 more not listed; retrieve them via the Exa API.