Manchure v. Wayside Oil Corp.

In this jurisdiction a receiver may not be sued without leave of the court of which he is a ministerial officer. In re Guaranty Indemnity Co., 256 Mich. 671. Plaintiff herein, in the court of common pleas, without leave, replevined oil containers in the possession of the receiver for the Motor Oil Corporation, and upon trial the receiver waived return of the property and took judgment for the value thereof. Plaintiff appealed to the circuit court. The appeal was dismissed, and the receiver brought suit against the surety on the appeal bond, obtained judgment, issued execution, and filed a…