Vestel v. Tasker

• Decision Date: 14 June 1905
• Citation: 51 S.E. 300,123 Ga. 213
• Parties: VESTEL. v. TASKER.
• Court: Georgia Supreme Court

123 Ga. 213

51 S.E. 300

VESTEL.

v.TASKER.

Supreme Court of Georgia.

June 14, 1905.

1. Receivers—Right to Sue.

While, as a general rule, a receiver cannot bring suit except by express authority of court (Screven v. Clark, 48 Ga. 42), this rule does not apply to a petition for injunction brought by the receiver in the court by which he was appointed. The fact that the court entertains his petition is tantamount to a grant of authority to sue.

2. Same—Interference with Property—Injunction.

"It is the duty of the court to protect from interference the property in its possession through its receiver, an officer of the court, and the writ of injunction is a mild remedy when attachment and imprisonment for contempt might have been used by the chancellor." Marshall v. Lockett, 76 Ga. 290. The granting of an injunction to restrain any unauthorized interference with property in the possession of a receiver "is a necessary incident to the power of appointing receivers." Woodburn v. Smith, 22 S. E. 966, 96 Ga. 245. It follows that the demurrer to the petition was properly overruled.

(Syllabus by the Court.)

Error from Superior Court, Fannin County; Geo. F. Gober, Judge.

Action by Charles Tasker, receiver, against J. P. Vestel. Judgment for plaintiff. Defendant brings error. Affirmed.

T. A. Brown, N. A. Morris, Win. Butt, and D. W. Blair, for plaintiff in error.

J. Z. Foster and O. R. Dupree, for defendant in error.

CANDLER, J. Judgment affirmed. All the Justices concur, except SIMMONS, C. J., absent.