§ 25-1084 — Applicants for receiver; bonds required; contents; filing

Nebraska § 25-1084

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

Every order appointing a receiver shall require the applicant to give a good and sufficient bond, conditioned to pay all damages which the other parties to the suit or any of them may sustain by reason of the appointment of a receiver, in case it shall be finally decided that the order ought not to have been granted, and shall also require the receiver to give a bond conditioned to faithfully discharge his duties as receiver and obey all orders of the court. The bonds shall each run to the defendant and all adverse parties in interest, shall be for the use of any party to the suit, shall be in a penal sum to be fixed by the court, but not, however, to be in excess of a sum equal to double the value of the property in question, shall be executed by one surety where such surety is an incorporated surety company authorized by the laws of this state to transact such business, and by two or more sureties where such sureties are natural persons, to be approved by the court or judge making the appointment, and shall be filed in the office of the clerk of the district court; nor shall the same be considered executed until they are so filed.

Legislative History

Source: R.S.1867, Code § 269, p. 438; Laws 1875, § 1, p. 36; Laws 1897, c. 89, § 1, p. 370; R.S.1913, § 7813; C.S.1922, § 8757; Laws 1923, c. 102, § 1, p. 257; C.S.1929, § 20-1084; R.S.1943, § 25-1084. Cross References: Other bond provisions, see section 25-1018. State officers, departments, or receivers appointed on application of state, not required to give bond, see section 25-21,216. Trust companies, see section 8-211. Annotations: Defect in or total failure to approve bond does not invalidate it. Modisett v. Campbell, 144 Neb. 222, 13 N.W.2d 126 (1944). Action will lie against receiver for deceit for making false statements in purchasing claims of creditors. State v. Merchants Bank, 81 Neb. 710, 120 N.W. 157 (1909). Measure of damages for wrongful appointment is rental value of premises and counsel fees on vacation of order. Joslin v. Williams, 76 Neb. 594, 107 N.W. 837 (1906), affirmed on rehearing, 76 Neb. 602, 112 N.W. 343 (1907).