Peirce v. Chism

Henley, J. —

This was an action brought by the appellee against the appellant to recover damages arising from the alleged negligent killing of appellee’s horses. It appears from the complaint that at the time of the commencement of the action the property of the corporation was in the’ hands of a duly appointed and qualified receiver. The only error assigned is the overruling of the demurrer to the first and second paragraphs of the amended complaint. The only objection pointed out by counsel for appellant is that neither paragraph of complaint avers that leave of court had been obtained to…