176 Ind. 414 | Ind. | 1911
This is an appeal from an interlocutory order appointing a receiver, made, without notice, April 17, 1911.
It has also been held by this court, in cases where a receiver was appointed after notice, that unless the appeal under §1289, supra, was perfected by giving bond and filing the transcript in this court within ten days after the order
It has been held, however, that §656, supra, must be construed in the light of the presumption that in adversary proceedings the parties litigant are before the court or at least have an opportunity to be present when the ruling is made. “The obligation to object and except to a decision of the court implies that the party required to object and except shall be afforded an opportunity to do so. Wabash R. Co. v. Dykeman, supra, at page 63.
It has been held that, where a receiver has been appointed without notice, “if an exception is taken at the first legal opportunity it is in time.” Wabash R. Co. v. Dykeman, supra, at page 64.
It follows that appellee’s motion to dismiss the appeal must be sustained.
Appeal dismissed.