MOELLER v. GOFFIN

Motion for permission to sue receiver of rents will be granted only if facts are alleged which if proven would clearly make out case against the receiver. Petition denied.

BOOTH (JOHN RUFUS), J.

The petition seeks permission 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.