Opinion
No. 13,036.
Filed April 27, 1928. Rehearing denied June 29, 1928.
APPEAL — Right of Review — Receiver. — A receiver cannot question the correctness of an order directing him to pay a sum of money out of the assets in his hands, and, therefore, he has no authority to appeal from the order.
From Rush Circuit Court; Will M. Sparks, Judge.
Action by Willard H. Amos as receiver for George F. Billings against Earl F. Priest as receiver for George F. Billings. From an order directing the defendant to pay the plaintiff a specified sum of money, the former appeals. Appeal dismissed. By the court in banc.
John H. Kiplinger, for appellant.
John A. Titsworth and Russell B. Titsworth, for appellee.
The sole appellant in this action is a receiver appointed by the Rush Circuit Court, and this is an appeal taken from an order made in the receivership proceedings by the same court, respecting funds of the receivership in the possession of such receiver. The order merely requires appellant to pay appellee a certain sum of money out of assets of the receivership in his hands as such receiver. Appellant cannot question the correctness of such an order, and has no authority or right to maintain this appeal. Herrick v. Miller, Exr. (1890), 123 Ind. 304; 2 Cyc 641; Stoner, Admx., v. Gloystein (1923), 193 Ind. 614, 140 N.E. 435.
Appeal dismissed.