Supreme Court of Georgia September 14, 1933, No. 9229 (Jones-Dabney Co. v. Potter)

Atkinson, J.

1. While on exception to a judgment granting equitable relief it has been held that “A corporation can not, as a plaintiff, maintain an equitable suit to marshal its own assets; and the appointment of a receiver under such a proceeding, over the objection of creditors, duly made, is error” (Bank of Soperlon v. Empire Realty Trust Co., 142 Ga. 34, 82 S. E. 464, and cit.