Pressley v. Lamb

Dissenting Opinion.

Mitchell, J. —

Unable to concur with the majority, the following are some of the reasons upon which my dissent is based :

That an action must be pending before either a court in term or a judge in vacation can acquire jurisdiction to appoint a receiver, unless in exceptional cases expressly provided for by statute, has, I think, never been the subject of judicial controversy. Upon this the authorities are everywhere in accord. Dale v. Kent, 58 Ind. 584; Brinkman v. Ritzinger, 82 Ind. 358; Pressley v. Harrison, 102 Ind. 14; Merchants’, etc., Bank v. Kent, 43 Mich. 292; Hardy…