[DOWNLOAD] "Smith v. Zumpfe Et Al." by 425. Supreme Court of Indiana No. 27 ~ Book PDF Kindle ePub Free
eBook details
- Title: Smith v. Zumpfe Et Al.
- Author : 425. Supreme Court of Indiana No. 27
- Release Date : January 13, 1940
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
SHAKE, J. This case comes before us on a motion to dismiss, and the question is whether the order sought to be reviewed is a final judgment or an interlocutory decree. If it is interlocutory the appeal was not taken in time. The order was one for the sale of real estate entered in a receivership proceeding. It was recited therein, ""that the Court expressly reserves jurisdiction to refuse for any reason to confirm any sale made pursuant to this order."" An order for the sale of real estate in which the court reserves the right to refuse to confirm the sale is usually regarded as interlocutory, upon the theory that a final order is not entered in such a proceeding until the sale is confirmed by the court. This is the rule with respect to proceedings to sell real estate in the settlement of decedents' estates. In Staley v. Dorset (1858), 11 Ind. 367, it was said:
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