Barber Bros. v. Manier & Co.

Cooper, J., delivered the opinion of the court. The chancellor erred in making the order for the appointment of a receiver. The order was made on Sunday, without notice, and before the complainants had commenced their suit by filing their bill in court. There was no pending suit when the order was made. Hardy v. McClelland, 53 Miss., 507; Pressley v. Harrison, 102 Ind., 14; Beach on Receivers, § 117. Decree reversed and cause remanded.