TITLE 8

PROVISIONAL REMEDIES IN CIVIL ACTIONS

CHAPTER 6

RECEIVERS

8-601.  Grounds for appointment. A receiver may be appointed by the court in which an action is pending or has passed to judgment, or by the judge thereof:

1.  In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or jointly interested in any property or fund, on the application of the plaintiff or of any party whose right to, or interest in, the property, or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed or materially injured.

2.  In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt.

3.  After judgment to carry the judgment into effect.

4.  After judgment to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment.

5.  In the case where a corporation has been dissolved, or is insolvent, or in imminent danger of insolvency, or has forfeited its corporate rights.

5-A.  A receiver for an irrigation district may be appointed in an action brought by bondholders or other creditors, water users, and/or land owners of such irrigation district, where it is made to appear to the satisfaction of the court that such irrigation district has failed to elect its officers, or such officers have failed to qualify or are not acting, or such district has ceased to function, or has been abandoned, or is insolvent, or is in imminent danger of insolvency, or is being grossly mismanaged, or has been or ought to be dissolved, and there are rights or properties of such irrigation district which are threatened to become lost or dissipated, that should be preserved for the benefit of its creditors or other parties of interest in such irrigation district.

6.  In all other cases where receivers have heretofore been appointed by the usages of courts of equity.

History:

[(8-601) C.C.P. 1881, sec. 341; R.S. & R.C., sec. 4329; am. 1909, sec. 1, p. 26; reen. C.L., sec. 4329; C.S., sec. 6817; am. 1929, ch. 43, sec. 1, p. 52; I.C.A., sec. 6-601.]