Commonwealth Ex Rel. Hammond v. Gibson Oil Co.'s Receiver

Opinion op the Court by

Judge Perry

Affirming.

Tbe commonwealth of Kentucky, by W. L. Hammond, its revenue agent for Bell county, sued tbe appellee, P. M. Parsons, as receiver of the Bell circuit court, without first procuring permission from tbe court to institute tbe suit.

Upon a bearing of tbe special demurrer to tbe petition, filed by tbe appellee, raising tbe question of tbe appellant’s lack of authority to sue, it was sustained by the court and appellant’s petition dismissed.

The commonwealth bas appealed, asking our revision of this ruling, assailing it as erroneous.

Tbe one question thus…