H. C. Smith Coal Co. v. Finley
Indiana Supreme Court
From Marion Superior Court (93,602); V. G. Clifford, Judge. Action by the H. C. Smith Coal Company against John D. Finley, doing business under the name of the Mitchell Coal Company, and others, in which a receiver was appointed. From a judgment approving the receiver’s final report and directing the distribution of assets remaining in his hands, the plaintiff appeals. (Transferred from the Appellate Court under §1394 Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtMyers, J.
— This is an appeal from a judgment of the Marion Superior Court approving a receiver’s final re*484port and directing distribution of the assets remaining in his hands. Preliminary to a consideration of the case on its merits we are confronted with a motion to dismiss the appeal filed by appellee Finley, hereinafter referred to as the appellee. This motion, in effect, presents four questions of law. As pertinent to the issues thus raised, it is proper at this time to review briefly the proceedings had in the lower court.
On January 26, 1914, appellant brought suit against appellee, a retail…
2Cases cited38 opinions
- Williams v. MorganSupreme Court of the United States · 1884
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Pomeroy v. BeachIndiana Supreme Court · 1898
- Edward P. Fourniquet and Wife, and Martin W. Ewing and Wife v. John PerkinsSupreme Court of the United States · 1854
- Ward v. YarnelleIndiana Supreme Court · 1910
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3Cited by11 opinions
- Irwin's Bank v. Fletcher, Etc., Trust Co., Rec.Indiana Supreme Court · 1924
- Smith v. SwitzerIndiana Supreme Court · 1933
- In Re ValeUnited States Bankruptcy Court, N.D. Indiana · 1989
- Rockey v. HershmanIndiana Supreme Court · 1923
- Levin v. DareDistrict Court, S.D. Indiana · 1996
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