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Estelle R. Firebaugh et al., Appellants, v. Francis W. McGo

CORPORATIONS, § 470 — unauthorized interlocutory receivership on court's own motion. Interlocutory order, made on trial court's own motion, appointing receiver for corporation's property was unauthorized where such order was entered upon petition verified on information and belief and denied by answer sworn to be true "in substance and in fact," and petition contained no statement of facts justifying court's action, and defendants conceded that they did not file any affirmative pleadings which could be basis for appointment of receiver, and there was neither allegation nor proof in record supporting court's action.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE NIEMEYER.

Not to be published in full. Opinion filed March 29, 1948; released for publication April 9, 1948.

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FIREBAUGH v. McGOVERN
(Mar 29, 1948)