Turner v. Rankin
Court of Appeals of Kentucky
Case 36 — ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. I. The judgment against appellant was rendered upon the ground that the receiver could not institute a suit against him without an express order of court to that effect. 2. As surety on the bond, appellant is released by Revised Statutes, chapter 97, sections 12 and 14. . 3. Either party to the suit pending in the Henderson circuit court might have sought and enforced the collection of the note at any time it fell-due.
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Case 36 — ORDINARY APPEAL PROM HENDERSON CIRCUIT COURT. I. The judgment against appellant was rendered upon the ground that the receiver could not institute a suit against him without an express order of court to that effect. 2. As surety on the bond, appellant is released by Revised Statutes, chapter 97, sections 12 and 14. . 3. Either party to the suit pending in the Henderson circuit court might have sought and enforced the collection of the note at any time it fell-due. (Rev. Stat., chap. 36, art. 13, sec. 1; lb., chap. 97, secs. 12 and 14; Leavell v. Goggin, 11 B. Mon., 230; 17 Howard,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
On the 9th of September, in the year 1867, an order was: made in an action pending in the Henderson circuit court in the name, of Jacob Rouse’s administrator against Rouse’s, heirs and creditors, by which Adam Rankin, as receiver, was ordered to loan out the sum of $1,175.91, the amount of a certain fund that was claimed in said action to belong-to W. S. Hicks, and not to the estate of Rouse. The-order recites:
“The parties appeared by their counsel, and on motion of the plaintiff, it is ordered that Adam Rankin be appointed *181;a receiver herein, and…
2Cited by3 opinions
- Ison v. CommonwealthCourt of Appeals of Kentucky · 1901
- Dugan v. Champion Coal & Tow Boat Co.Court of Appeals of Kentucky · 1899
- Snape v. Sanford's ReceiverCourt of Appeals of Kentucky · 1882