Huston v. King

Citations

• 119 Miss. 347
• 80 So. 779

Syllabus

<p>1. Receivers. Decedent’s estate. Misconduct of personal representative.</p> <p>Our statutes contemplate that the estate of a decedent shall be administered by an executor or administrator, and not by a receiver. If an executor or administrator is derelict in his duty, the remedy is to have him either disciplined by the court or discharged and another appointed.</p> <p>2. Partnership. Surviving partner as administrator. Receiver.</p> <p>Where a surviving partner who was administering on the partnership estate of a deceased partner, refused to obey the order of the court appointing a receiver and directing him to turn over to such receiver all property in his hands belonging to the estate of the decedent. In sucii case, the surviving partner is not entitled to damages because of the appointment of the receiver since while such order was erroneous, it was not void, and until it was revoked, it should have been obeyed by all parties affected thereby.</p> <p>3. PARTNERSHIP. Appointment of receiver. Administrator of surviving partner.</p> <p>The effect of the order appointing a receiver made before the receiver was permitted to enter upon the discharge of his duties suspending his powers lihtil the administrator could be heard in opposition to his appointment, rendered the procedure herein equivalent to that contemplated by section 625, Code 1896 (Hemingway’s Code, section 385), which provides for the appointment of a receiver after notice, to the opposing party.</p> <p>4. Appeal and Error. Review. Questions presented.</p> <p>A question is not presented on appeal for review where the court below was not requested to act on such question.</p> <p>5. Appeal and Error. Review. Subsequent orders.</p> <p>On an appeal from an order of court discharging a receiver and awarding damages, a subsequent order of the court cannot be reviewed on appeal.</p>