McKinnon v. Wolfenden
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Juneau County. This action is in tbe nature of a creditors’ suit brought by plaintiffs against tbe Case Wagon Company, an insolvent. corporation, wbicb was a judgment debtor of plaintiffs. When it was commenced, all tbe available assets of tbé corporation were in tbe possession of tbe Beedsbwrg Bamfk (one of tbe defendants) as mortgagee and pledgee thereof.
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APPEAL from tbe Circuit Court for Juneau County. This action is in tbe nature of a creditors’ suit brought by plaintiffs against tbe Case Wagon Company, an insolvent. corporation, wbicb was a judgment debtor of plaintiffs. When it was commenced, all tbe available assets of tbé corporation were in tbe possession of tbe Beedsbwrg Bamfk (one of tbe defendants) as mortgagee and pledgee thereof. After-wards, by permission of tbe court, tbe defendants William Case and Mcvrming U. Case, who were sureties for tbe corporation on its indebtedness to tbe bank, redeemed tbe property so held by tbe bank,…
1Opinion of the CourtLyon, J.
The respondents move to dismiss the appeal. The motion must be granted. Wolfend&ris appeal as re*239ceiver was not authorized by the court. Without such authority it was not competent for him to take the appeal. A receiver is the mere servant or agent of the court to do its bidding, and he cannot be heard to question by appeal the regularity or propriety of the orders of court in the action, unless the court first authorizes him to do so.
Wolfenden also appeals in his capacity as a creditor of the insolvent corporation. Treating him as a party to the action when the order of confirmation was made…
2Cases cited1 opinion
- Flanders v. Town of MerrimacWisconsin Supreme Court · 1878
3Cited by14 opinions
- Andrew v. Sac County State BankSupreme Court of Iowa · 1928
- Johnson v. Rudolph Wurlitzer Co.Wisconsin Supreme Court · 1928
- Rasmussen v. SchweizerWisconsin Supreme Court · 1927
- Whyel v. Jane Lew Coal & Coke Co.West Virginia Supreme Court · 1910
- Coffey v. GaySupreme Court of Alabama · 1914
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