Moeller v. Goffin ( 1935 )

BOOTH (JOHN RUFUS), J.

The petition seeks permis' sion to sue a receiver of rents. Before such permission is granted facts should be alleged which if proven would clearly make out a case against the receiver. The present petition is defective in that it does not clearly show such a cause of action. Until such showing is made the receiver should not be subjected to the expense of defending a claim of this character.

The petition is, therefore, denied