Law reviews.

- For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B. J. 254 (1972).

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 22-1317 and 22-1318 and former Code Sections 14-2-285 and 14-2-286, which were repealed by Ga. L. 1988, p. 1070, § 1, effective July 1, 1989, are included in the annotations for this Code section.

Actual waste must be shown.

- To support a dissolution on the ground that corporate assets are being misapplied or wasted, actual waste, not simply inadequate management, must be shown. Gregory v. J.T. Gregory & Son, 176 Ga. App. 788, 338 S.E.2d 7 (1985) (decided under former § 14-2-285).

Determination whether employee's salary is waste of assets.

- The appropriate criterion for determining whether the payment of a given salary to a corporate employee is a waste of corporate assets is whether the employee has performed services to the corporation commensurate with the salary paid. L.L. Minor Co. v. Perkins, 246 Ga. 6, 268 S.E.2d 637 (1980) (decided under former Code 1933, § 22-1317).

Power of receiver to investigate and record debts owed to the corporation.

- A liquidating receiver directed to marshall and sell the assets of a corporation has the power to investigate and record the debts owed to the corporation, notwithstanding the fact that those debts were incurred prior to the receiver's appointment. Nesmith v. J & G Shoes, Inc., 244 Ga. 244, 260 S.E.2d 3 (1979) (decided under former Code 1933, § 22-1318).

Trial judge authorized to award attorney's fees.

- Former Code 1933, § 22-1318 authorized the trial judge to award such fees to the attorneys "in the proceeding" as the judge, in the exercise of controlled discretion, finds appropriate. Nesmith v. J & G Shoes, Inc., 244 Ga. 244, 260 S.E.2d 3 (1979) (decided under former Code 1933, § 22-1318).

Setoffs by receiver.

- Under the circumstances, liquidating receiver could setoff overpayments to defendants corporate president and treasurer from their pro rata distributive share. Nesmith v. J & G Shoes, Inc., 244 Ga. 244, 260 S.E.2d 3 (1979) (decided under former Code 1933, § 22-1318).

Cited in Pickett v. Paine, 230 Ga. 786, 199 S.E.2d 223 (1973); Claire v. Rue de Paris, Inc., 239 Ga. 191, 236 S.E.2d 272 (1977); Nesmith v. J & G Shoes, Inc., 244 Ga. 244, 260 S.E.2d 3 (1979); Kellos v. Parker-Sharpe, Inc., 245 Ga. 130, 263 S.E.2d 138 (1980); L.L. Minor Co. v. Perkins, 246 Ga. 6, 268 S.E.2d 637 (1980).

ALR.

- When receiver of corporation deemed to be vested with title to assets so as to entitle him to sue in a foreign jurisdiction, 3 A.L.R. 262; 29 A.L.R. 1495.

Inherent power of equity, at instance of a stockholder, to appoint receiver for, or to wind up, a solvent, going corporation, on ground of fraud, mismanagement, or dissensions, 61 A.L.R. 1212; 91 A.L.R. 665.

Friendly or consent receiverships, 90 A.L.R. 406.

Dissolving or winding up affairs of corporation domiciled in another state, 19 A.L.R.3d 1279.