8-603. WHO MAY BE APPOINTED — UNDERTAKING UPON EX PARTE APPOINTMENT — ADDITIONAL UNDERTAKING. No party, or attorney, or person interested in an action, can be appointed receiver therein, without the written consent of the parties filed with the clerk. If a receiver be appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant shall have procured such appointment wrongfully, maliciously or without sufficient cause; and the court may, in its discretion, at any time after said appointment, require an additional undertaking.
History:
[(8-603) C.C.P. 1881, sec. 343; R.S., R.C., & C.L., sec. 4331; C.S., sec. 6819; I.C.A., sec. 6-603.]