Indiana Supreme Court, 1951

Busick v. Barger

Indiana Supreme Court · Decided December 18, 1951

230 Ind. 198; 102 N.E.2d 499; 1951 Ind. LEXIS 231

Cases that cite this one

10 later published cases cite this decision.

U. S. Steel Corp. v. Cicilian (Ind. Ct. App. 1962)
Marshall v. Reeves (Ind. 1974)
Harrington v. Hartman (Ind. Ct. App. 1967)
Brickley v. Brickley (Ind. 1965)
Kuiper v. Anderson (Ind. Ct. App. 1994)
Lamb v. Wenning (Ind. 1992)
Lubeznik v. Liddy (Ind. Ct. App. 1985)
Joe v. Lebow (Ind. Ct. App. 1985)
Landing v. Landing (Ind. Ct. App. 1972)
Adams v. Purtlebaugh (Ind. 1952)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

This is an appeal from an interlocutory order appointing a temporary receiver without notice in cause number 4587 entitled Gene Barger, et al. v. Caleb A. Busick, et al., filed in the Spencer Circuit Court. The appellees have filed no brief in answer to appellants’ brief, which under our decisions, has the effect of confessing the errors asserted by appellants. Meadows v. Hickman (1947), 225 Ind. 146, 73 N. E. 2d 343, and cases therein cited. This makes the order subject to reversal by this court.

*199Moreover, on December 13, 1951, this court; in an opinion by Judge Jasper, decided the trial judge had no jurisdiction to appoint the temporary receiver in-this cause, and ordered the temporary writ of prohibition made permanent. State ex rel. Busick, et al. v. Ewing, Judge, et al. (1951), 230 Ind. 188, 102 N. E. 2d 370. This became the law of this case in this appeal. State ex rel. Joint County Park Board of Ripley, Dearborn and Decatur Counties v. Verbarg (1950), 228 Ind. 280, 91 N. E. 2d 916.

The interlocutory order appointing a receiver without notice is reversed.

Note.—Reported in 102 N. E. 2d 499.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.