[Download] "State Ex Rel. Red Dragon Diner v. Superior" by 750 Supreme Court of Indiana No. 29 * eBook PDF Kindle ePub Free

June 03, 2021

eBook details

Title: State Ex Rel. Red Dragon Diner v. Superior
Author : 750 Supreme Court of Indiana No. 29
Release Date : January 01, 1959
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

In this case the court appointed a receiver without notice, and relator has asked for a writ prohibiting respondents from
taking any further action in said proceeding. A temporary writ has issued. Relator asserts among other things that the respondent
court was without jurisdiction to appoint a receiver without notice for the reason that the complaint did not state facts
which authorized the court to exercise this very extraordinary remedy. Notice, giving a defendant opportunity to be informed regarding the nature of the action and reasonable opportunity to make
a defense, is an essential element of due process.[Footnote 1] Our statutes[Footnote 2] which specifically limit the authority
of the court to appoint receivers without notice is in implementation of the above constitutional guarantee. Therefore, although
courts have general statutory[Footnote 3] and inherent[Footnote 4] authority to appoint receivers with notice, they now clearly
have no authority to appoint receivers without notice, "except upon sufficient cause shown by affidavit," as now provided
by statute.[Footnote 5]