Sherwood

Heretofore the plaintiff and and defendant were partners; an application to dissolve the partnership was presented to the court and a receiver was appointed; after the appointment of the receiver, the plaintiff, who had theretofore been the managing partner, was named as manager under the receiver; while so acting she suffered personal injuries caused by the defendant and commenced an action to recover damages, and in that action she obtained a judgment awarding her $2,005 and costs. No order staying execution was entered. Thereafter on May 22, 1931, the plaintiff appeared ex parte in the action brought to dissolve the partnership and obtained an order permitting her to levy execution on the defendant's interest in the partnership; thereafter, without any notice to the defendant, the execution was levied and the interest of the defendant was sold and the plaintiff became the purchaser thereof for the sum of $1,000. On June 12, 1931, in the damage suit, the defendant gave notice of a motion to recall the execution and to quash the execution sale. Later that motion came on for hearing and the trial court granted the motion. From the order granting the motion the plaintiff has…