The Colorado Code of procedure, including the amendments of 1889, annotated; with a digest of the judicial decisions on pleading, practice, and ... state in the Union, adapted to actions and - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...case is shown of fraud and imminent danger unless the relief is granted. In other words, if the emergency shown is such as to render it essential to justice that a receiver should be immediately appointed, it may be done before answer, since to delay the relief might entirely defeat the object sought by the application. The practice is especially salutary in cases of creditor's bills in aid of the enforcement of judgments, and in this class of cases receivers are almo:t uniformly granted before answer. Interlocutory applications for a receiver before answer are usually supported by affidavits of the grounds relied upon, and it would ordinarily seem to be sufficient if the facts upon which the application is based are verified by the affidavits of plaintiff alone. And when plaintiff asks for an injunction and receiver upon bill filed, before the coming in of the answer, upon grounds of emergency, defendant may be heard by affidavit in opposition to the motion. If the appointment is made before answer, it is proper for the defendant, upon filing his answer, to move to discharge the receiver; and if, upon such motion, the bill and answer, taken together, show that a receiver ought not to have been appointed, he will be discharged. Although it is the usual practice to apply for a receiver upon interlocutory motion, yet in a proper ease the appointment may be made at the final hearing, and as a part of the final decree. Thus, in the case of a judgment or decree dissolving a partnership, when a receiver is necessary to wind up the firm business the appointment may bo made as a part of the decree and for the purpose of carrying it into effect. So w here the right to a receiver depends upon questions of law of such nicety, as well as questions of title...

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