Osborne v. C., D. & M. Railway Co.

The petition is one for the recovery of damages for an alleged injury suffered by plaintiff, by reason of the negligence of the defendant, the C., D. & M. Ry. Co. The defendants, Eli West and George Whysall, are made parties defendant as receivers of the C., D. & M. Ry. Co. The allegation of the petition out of which the question arises is as follows:

“That Eli West and George Whysall were, by the consideration of the Court of Common Pleas of Marion County, and Franklin county, on the-day of July, A. D. 1909, appointed and qualified as receivers of the defendant company, the Columbus, Delaware…