Application; form; content.

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25-1085. Application; form; content.

If a complainant desires the appointment of a receiver at the commencement of the action, the complainant shall request such appointment in the complaint. If the occasion for a receiver arises while the suit is pending, the application shall be made by a motion setting forth the facts and circumstances making such appointment necessary or proper.

Source

  • R.S.1867, Code § 270, p. 438;
  • R.S.1913, § 7814;
  • C.S.1922, § 8758;
  • C.S.1929, § 20-1085;
  • R.S.1943, § 25-1085;
  • Laws 2002, LB 876, § 23.

Annotations

  • Appointment of receiver is purely ancillary remedy and cannot be maintained in proceeding instituted solely for that purpose. Cressman v. Bonham, 129 Neb. 201, 260 N.W. 818 (1935).

  • Verification is not jurisdictional, and may be waived. Farmers & Merchants Bank of Holstein v. German Nat. Bank of Lincoln, 59 Neb. 229, 80 N.W. 820 (1899).


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