100 Ga. 635 | Ga. | 1897
On March 10th, 1891, a petition was filed by McTighe- & Go. against the Macon Construction Company, the Georgia Southern & Elorida Railroad Company, the Macon &■ Birmingham Railroad Company and the Macon & Atlantic Railway Company, the two railroads first named having-been built by the Macon Construction Company, and the-latter being then in process of construction by that company. Under that petition the properties of these various;
1. It will be noted that the counsel moving for an allowance of fees in thd present case were not the counsel of the original moving creditors, but were counsel of intervening ■creditors, who are permitted to become parties complainant to the bill only upon condition that, sharing its benefits, 'they will likewise assume to share proportionately the expenses and burden of the litigation. It will be further noted that all the assets of the defendant corporation had been seized by the court, and were then in the hands of its receiver, being held by him in the due course of judicial .administration. The receiver presumably was represented by counsel assigned to him by the court; at all events, it would have been the duty of the court to have assigned ■counsel to him, had he required advice in the management