Atkinson v. Kreis
Supreme Court of Georgia
Action for damages. Before Judge Ellis. Fulton superior .court. July 6, 1912. E. «T. Kreis is the owner of a tract of land near the city of Atlanta, access to which was over a private road from a public road near by. In 1908 the Atlanta, Birmingham and Atlantic Railroad Company desired to construct its road across this private way.
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Action for damages. Before Judge Ellis. Fulton superior .court. July 6, 1912. E. «T. Kreis is the owner of a tract of land near the city of Atlanta, access to which was over a private road from a public road near by. In 1908 the Atlanta, Birmingham and Atlantic Railroad Company desired to construct its road across this private way. The railroad company and the landowner entered into a written contract, which recited, that there was a private way running from the Garrett Bridge road to the landowner’s property across the right of way of the railroad company; that in the construction of the…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. The suit was instituted against the receiver without previous leave of the United States court authorizing it. It is insisted that the suit is not maintainable without such order. This point *54is not tenable. The act of Congress of August 13, 1888, provides that every receiver of any property, appointed by any court of the United States, may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver was appointed; but that such suit shall be…
2Cases cited3 opinions
- Dillingham v. HawkCourt of Appeals for the Fifth Circuit · 1894
- St. Louis S. W. Ry. Co. v. HolbrookCourt of Appeals for the Fifth Circuit · 1896
- Mallory v. Morgan CountySupreme Court of Georgia · 1908
3Cited by12 opinions
- Barham v. GrantSupreme Court of Georgia · 1938
- Piedmont Cotton Mills, Inc. v. General Warehouse No. Two, Inc.Supreme Court of Georgia · 1966
- Holland v. ShackelfordSupreme Court of Georgia · 1964
- Lastinger v. City of AdelCourt of Appeals of Georgia · 1943
- McGreavey v. StrawSupreme Court of New Hampshire · 1939
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