Rhodes v. Hilligoss

The only question presented on this appeal is whether or not it is necessary to the statement of a cause of action, in a suit commenced .by a receiver upon an obligation due the corporation for which he is acting, that it be alleged that leave of court to institute and prosecute the action was obtained before suit was commenced.

Section 1242, Burns’ R. S. 1894 (1228, Horner’s R. S. 1896), provides that: “the receiver shall have power, under control of the court, or of the judge thereof in vacation, to bring and defend actions, to take and keep possession of the property, to receive rents,…