Court of Appeals of Georgia January 23, 1930, 19524 (Smith v. Dorris)

Stephens, J.

(After stating the foregoing facts.) While, as was held by the Supreme Court in Fite v. Henson, 157 Ga. 679 (122 S. E. 412), there can be no legal appointment of a receiver of a State bank except in a suit instituted by and through the superintendent of banks, and the appointment of a receiver appointed in a suit not so instituted is void and can be collaterally attacked, it does not