Hancock v. Miller

Except as modified by tbe provisions of Civil Code (1910), §§ 2788, 2789, it is tbe general rule tbat before a suit can be maintained against a receiver of a railroad company it is necessary that tbe consent of tbe court appointing him be obtained. Fried v. Sullivan, 27 Ga. App. 326 (108 S. E. 127). The petition in tbe instant ease having failed to show a compliance with this requirement, and not being governed by the provisions of the code sections mentioned, it not being a suit based on tort, for damage to personalty on account of the failure of the defendant to comply with its common-law…