Northridge Bank v. Community Eye Care Center, Inc.

This matter comes before us on a petition to review a decision of the court of appeals dismissing an appeal in a creditor’s action under ch. 128, Stats. The question of the defendant’s insolvency was tried to a jury, which returned a verdict finding that the defendant was insolvent. The verdict was adopted by the trial court as its finding. On July 19, 1978, an order was entered appointing a receiver. The order was stayed for a period of time to allow the defendant to file a bond so as to obtain a stay pending appéal. The bond was not filed and the stay was dissolved on September 13, 1978,…