Thomson v. Midland Portland Cement Co.
Indiana Court of Appeals
Erom Superior Court of Marion County (67,077); James M. Leathers, Judge. Suit by Alexander W. Thomson against the Midland Portland Cement Company and others. Erom an order confirming a sale of certain property by defendant receiver, plaintiff appeals.
1Opinion of the CourtWiley, J.
Appellees have interposed a motion to dismiss the appeal, on the ground “that the appellant, through his counsel, has claimed and received certain benefits arising under the decree as entered in the court below, and that, having done so, he can not now assert that there was error in the decree.”
A brief statement of the facts upon which the appeal is based is important before tailing up the question for decision presented by the motion. In the court below appellant sought the appointment of a receiver for all of the *460assets, both tangible and intangible, of the Midland Portland Cement Company.…
2Cases cited8 opinions
- Sterne v. VertIndiana Supreme Court · 1886
- McGrew v. GraystonIndiana Supreme Court · 1895
- Rariden v. RaridenIndiana Court of Appeals · 1904
- Williams v. RichardsIndiana Supreme Court · 1899
- Sonntag v. KleeIndiana Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Beard v. HosierIndiana Court of Appeals · 1915
- J. B. Goodall & Sons Co. v. WaglerIndiana Court of Appeals · 1922
- Evans v. SeeversIndiana Court of Appeals · 1916