Legal Opinion

Vestel v. Tasker

Supreme Court of Georgia

Decided June 14, 1905PublishedCited by 9 opinions

Equitable petition. Before Judge Gober. Fannin superior court. January 26, 1905.

1Opinion of the CourtCandler, J.

1. While, as a general rule, a receiver can not bring suit except by express authority of court (Screven v. Clark, 48 Ga. 42), this rule does not apply to a petition for injunction brought by the receiver in the court by which he was appointed. The fact that the court entertains his petition is tantamount to a grant of authority to sue.

2. “It is the duty of tbe court to protect from interference the property in its possession through its receiver, an officer of the court; and the writ of injunction is a mild remedy, when attachment and imprisonment for contempt might have been used by the…

2Cited by9 opinions

  1. Bennett v. GreenSupreme Court of Georgia · 1923
  2. Council v. BrownSupreme Court of Georgia · 1921
  3. Blumenfeld v. Citizens Bank & Trust Co.Supreme Court of Georgia · 1929
  4. Erikson v. HewlettSupreme Court of Georgia · 1956
  5. Donehoo v. RogersSupreme Court of Georgia · 1916

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