Jones-Dabney Co. v. Potter

1. While on exception to a judgment granting equitable relief it has been held that “A corporation can not, as a plaintiff, maintain an equitable suit to marshal its own assets; and the appointment of a receiver under such a proceeding, over the objection of creditors, duly made, is error” (Bank of Soperlon v. Empire Realty Trust Co., 142 Ga. 34, 82 S. E. 464, and cit.; Sheboygan Machine Co. v. Brooks Oil Co., 174 Ga. 786 (2), 164 S. E. 182; 8 Fletcher on Corporations, 8852), such ground of error is not jurisdictional. If the court has taken jurisdiction and appointed a receiver, and the…