Hanon & Sons v. Weil Bros.
Mississippi Supreme Court
Hanon & Sons v. Weil Bros., 69 Miss. 476 (Miss. 1891)
Campbell
Hanon & Sons v. Weil Bros.
Opinion of the Court
delivered the opinion of the court.
An appeal does not lie from an order of a chancellor, vacating the appointment of a receiver, absolutely or conditionally, and directing a return of property to the person from whom it was taken. This is not a change of the possession of property, within the contemplation of § 2311 of the code. It is mei’ely a restoration of the 'status quo as existing before the appointment of the receiver. The refusal to appoint a re-, ceiver may not be appealed from, and the removal of the receiver is not appealable.
Motion to discharge the supersedeas is sustained.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Appeal. Removal of receiver. Change of possession. Code 1880, § 2311. Section 2811, code 1880, authorizing appeals to be granted by the chancellor from interlocutory orders, whereby the “possession of property is changed,” does not authorize an appeal from an order removing a receiver and restoring the property to the person from whom it was taken. 2. Same. Discharge of supersedeas. Code 1880, § 1421. If an appeal with supersedeas be granted from such an order, the supersedeas will, upon motion, be discharged by the supreme court. Code 1880, §1421.