Taylor v. McCarty

This appeal is from an order of the circuit court vacating its previous order appointing a receiver. The order was made immediately after the summons was delivered to the sheriff with intent that it be served. Such delivery to the sheriff was not followed by first publication or personal service of the summons within sixty days. In fact service on defendant was not made until more than a year thereafter. Prior to personal service defendant appeared specially and sought to have the order vacated on the ground it was not made in a pending action and was therefore void. The circuit court adopted…