Citation Numbers: 17 Abb. Pr. 448
Judges: Clerke
Filed Date: 3/15/1864
Status: Precedential
Modified Date: 1/12/2023
An order of a court, requiring
The first order was ex parte, and not conclusive. It was granted on the petition of the receiver, without giving the defendants any opportunity of being heard, and was revocable on motion, on due notice to the plaintiff, and on hearing both parties. The first order, like the, second, was discretionary; and as it was, therefore, not appealable, the defendants would have no remedy, if it could not be modified or. revoked by a subsequent order of the court. If this could not be done, receivers could, nearly in every case, commence reckless and oppressive actions, without any danger of liability; for they can, very generally, on their own ex-parte petition, when duly verified, obtain an order allowing them to commence an action; and as I have said, if this be deemed conclusive, they can always escape liability for mismanagement or bad faith in commencing or conducting the action.
The appeal should be dismissed, with costs.
Leonard and Sutherland, JJ., concurred.