Chalman v. Dodd

Court of Appeals of Georgia

Chalman v. Dodd

99 S.E. 150, 23 Ga. App. 653, 1919 Ga. App. LEXIS 262

CourtCourt of Appeals of Georgia

DecidedApril 19, 1919

Docket10274

StatusPublished

Cited by2 cases

This text of 99 S.E. 150 (Chalman v. Dodd) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chalman v. Dodd, 99 S.E. 150, 23 Ga. App. 653, 1919 Ga. App. LEXIS 262 (Ga. Ct. App. 1919).

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Opinion

Luke, J.

1. It is not necessary for a trustee in bankruptcy-to obtain an order of court authorizing him to institute suit for the collection of the debts due the estate before he may sue for the collection of such debts. See Traders Ins. Co. v. Mann, 118 Ga. 381 (5) (45 S. E. 426). Nor does it appear from the allegations of this petition that it was necessary that any other stock subscriber of .the bankrupt corporation should be joined as party defendant in the suit by the trustee. Spratling v. Westbrook, 140 Ga. 625 (1), 627 (79 S. E. 536); Chappell v. Lowe, 145 Ga. 717 (89 S. E. 777).

2. The suit was not subject to general demurrer. The judge of the superior court did not err in sustaining the certiorari.

Judgment affirmed.

Wade, C. J., and Jenkins, J., concur. Lowndes Calhoun, for plaintiff in error. C. H. Calhoun, W. S. Dillon, C. M. Lancaster, contra.

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Luke, J.

1. It is not necessary for a trustee in bankruptcy-to obtain an order of court authorizing him to institute suit for the collection of the debts due the estate before he may sue for the collection of such debts. See Traders Ins. Co. v. Mann, 118 Ga. 381 (5) (45 S. E. 426). Nor does it appear from the allegations of this petition that it was necessary that any other stock subscriber of .the bankrupt corporation should be joined as party defendant in the suit by the trustee. Spratling v. Westbrook, 140 Ga. 625 (1), 627 (79 S. E. 536); Chappell v. Lowe, 145 Ga. 717 (89 S. E. 777).

2. The suit was not subject to general demurrer. The judge of the superior court did not err in sustaining the certiorari.

Judgment affirmed.

Wade, C. J., and Jenkins, J., concur. Lowndes Calhoun, for plaintiff in error. C. H. Calhoun, W. S. Dillon, C. M. Lancaster, contra.

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Bluebook (online)

99 S.E. 150, 23 Ga. App. 653, 1919 Ga. App. LEXIS 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chalman-v-dodd-gactapp-1919.

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