Undertaking required of applicant on ex parte appointment of receiver--Amount and terms--Additional undertaking.

Checkout our iOS App for a better way to browser and research.

21-21-6. Undertaking required of applicant on ex parte appointment of receiver--Amount and terms--Additional undertaking.

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.

Source: CCivP 1877, §221; CL 1887, §5017; RCCivP 1903, §229; RC 1919, §2477; SDC 1939 & Supp 1960, §37.2603.


Download our app to see the most-to-date content.