Callanan v. Shaw
Supreme Court of Iowa
Appeal from Polh District Court. Pending a proceeding to foreclose a mortgage upon defendant’s homestead, plaintiffs moved an appointment of a receiver, to take charge of the property, collect the rents, and apply the same to the discharge of the incumbrances, including taxes. The motion was overruled and plaintiffs appeal.
1Opinion of the Court
Wright, Ch. J.
i. appeas: receiver.
We do not agree with appellee’s counsel, that under our law a party cannot appeal from an order appointing or refusing to appoint, a recejyer_ rp^jg r5glat is fairly recognized and given by §§ 2631 and 3495 of the Revision. Such an appeal was considered in Adair v. Wright, 16 Iowa, 385. It is true this objection was-not made, but we entertained neither then nor now any doubt as to the right of appeal. *184New orders or decisions could be made more directly or materially affecting a party’s rights, than such an appointment, in many cases that might readily be…
2Cases cited1 opinion
- Adair v. WrightSupreme Court of Iowa · 1864
3Cited by16 opinions
- Haas v. Chicago Building SocietyIllinois Supreme Court · 1878
- Perrin v. LepperMichigan Supreme Court · 1888
- Ellis v. Penn Beef Co.Court of Chancery of Delaware · 1911
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Pasco v. GambleSupreme Court of Florida · 1876
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