Public-domain · open source
OpenJurist

100 Ill. App. 360

Sutton v. Weber

Appellate Court of Illinois

Decided February 21, 1902

Appellate Court of Illinois · decided 1902-02-21

<p>1. Appeals—By Receivers.—A receiver is but the arm of the court, bound to do its bidding. He has a personal interest only in his compensation and claim for the expense he has been to, and from orders as to such things he may appeal, but from nothing else.</p>

Key passage — most relied on by later courts

““A receiver is but the arm of the court, bound to do its bidding. The receiver had no personal interest in what should be done with the $140 he was ordered to pay. A receiver has a personal interest in his compensation and claim for the expense he has gone to. From orders as to those things he may appeal, but from nothing else. ’ ’”

quoted by 1 later decision, including Wolkoff v. Woodlawn Trust & Savings Bank

Relies on Chicago Title & Trust Co. v. Caldwell

Good law ✅— No negative treatment on recordhow we know

Dismissed · Decided 1902-02-21

How this case has been cited

Cited by 7 later decisions — most recently May 1982

7 state decisions

30190219101920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2In the record of this cause, after bills of complaint, petitions, reports, orders, testimony and proceedings in court, appears the following order from which this appeal is taken:

“ Entered July 24, 1900. This cause coming on to be heard on the petition of Louis Weber that J. W. Sutton, receiver, pa.y rent for the store occupied by him, and it appearing that the receiver has sufficient funds to pay said rent, and the amount of said rent having been fixed by the court at the sum of $140, and made a first lien upon all the property in the hands of the receiver, and said $140 being a part of the amount realized upon the sale of said property, it is ordered that said receiver pay forthwith to said Weber the sum of $140.”

¶3The record then proceeds, “ from which order of the court the said J. W. Sutton, receiver, prays an appeal to the Appellate Court in and for the First District of Illinois, which is allowed upon the receiver filing a bond within thirty days and a certificate of evidence in sixty days.”

¶4A receiver is but the arm of the court, bound to do its bidding. The receiver had no personal interest in what should be done with the $140 he was ordered to pay. A receiver has a personal interest in his compensation and claim for the expense he has gone to. From orders as to those things he may appeal, but from nothing else.

¶5We have frequently decided this, and often called attention, not only to the principle involved, but to the numerous authorities upon the subject. Chicago Title & Trust Co., 58 Ill. App. 219; 17 Ency. of Pleading & Practice, p. 870.

¶6The appeal is dismissed.

/100/illapp/360 · .json · Public domain