Screven v. Clark
Supreme Court of Georgia
Equity. Receiver. Before Judge Johnson. Muscogee Superior Court. October Term, 1872. John R. Screven, as receiver of the Brunswick and Albany Railroad, brought trover against William R. Clark, for eight box, railroad freight-cars, of the value of $15,000 00. The defendant pleaded the general issue.
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Equity. Receiver. Before Judge Johnson. Muscogee Superior Court. October Term, 1872. John R. Screven, as receiver of the Brunswick and Albany Railroad, brought trover against William R. Clark, for eight box, railroad freight-cars, of the value of $15,000 00. The defendant pleaded the general issue. Upon the trial, the only evidence introduced of the authority of the plaintiff to institute said suit, was the following order: *“RuEus B. Burrock, Governor, who sues for the interest of the State of Georgia et al., vs. Jacob Dart et al. "Bill, etc., in Glynn Superior Court. “At Chambers,…
1Opinion of the Court
McCay, Judge.
The rule is perhaps an arbitrary one, but it is, nevertheless, well settled that a receiver has no right to sue without express authority from the Chancellor; his general authority to collect and keep the assets is not sufficient to justify him in bringing an action: Daniel’s Chancery Practice, 1988, et seq. A receiver is at last only an officer of the Court, and the foundation of the rule, probably is, that it is always for the Court itself to determine whether it shall be dragged into litigation. At law, the party having the legal right to sue is *the proper party, and if one…
2Cited by7 opinions
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- Coffey v. GaySupreme Court of Alabama · 1914
- Davis v. Ladoga Creamery Co.Indiana Supreme Court · 1891
- Buckley v. HarrisonNew York Court of Common Pleas · 1895
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