12 Ind. 559 | Ind. | 1859
Suit 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.
While the cause was pending, on affidavit of the plaintiff, the Court made an order appointing a receiver to collect and receive the partnership effects.
From this order, the cause not having been finally disposed of, Fuller appeals to this Court.
This 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.
From the order in question, no appeal lies to this Court.
