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12 Ind. 559

Fuller v. Adams

Indiana Supreme Court

Decided June 23, 1859

Indiana Supreme Court · decided 1859-06-23

<p>APPEAL from the Lagrange Circuit Court.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-23

How this case has been cited

Cited by 3 later decisions — most recently July 1911

3 state decisions

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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.

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Worden, J.

¶1Suit by Adams against Fuller and others on a bond, by which the defendants became bound to pay certain debts, in consideration of the sale by Adams to Fuller of his interest in a certain partnership between them.

¶2While the cause was pending, on affidavit of the plaintiff, the Court made an order appointing a receiver to collect and receive the partnership effects.

¶3From this order, the cause not having been finally disposed of, Fuller appeals to this Court.

Per Curiam.—The appeal is dismissed with costs.A. Ellison, for the appellants.

¶4This is not a “final judgment” from which an appeal lies to this Court, under § 550, 2 R. S. p. 158; nor is it such an interlocutory order as may be appealed from under § 576. The first specification of this section contempiafes “the delivery or assignment of any securities, evidences of debt, documents, or things in action ” ,to a party, and not to a receiver who may be appointed to receive effects to be disposed of on the final disposition of the cause. Wood v. Brewer, 9 Ind. R. 86.

¶5From the order in question, no appeal lies to this Court.

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