21-21-1. Pending actions in which receivership authorized to prevent loss of property. A receiver may be appointed by the court in which an action is pending, or by the judge thereof, on the application of the plaintiff or of any party whose right to or interest in the property, funds, or proceeds thereof is probable, […]
21-21-10. Investment of receivership funds–Consent of parties. Funds in the hands of a receiver may be invested upon interest, by order of the court, but no such order can be made except upon the consent of all the parties to the action. Source: CCivP 1877, §224; CL 1887, §5020; RCCivP 1903, §232; RC 1919, §2480; […]
21-21-2. Receivership in foreclosure actions to prevent loss to mortgaged property. A receiver may be appointed by the court in which the action is pending, or by the judge thereof, 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 […]
21-21-3. Receivership where corporation dissolved, insolvent or unable to function. A receiver may be appointed by the court in which an action is pending, or by the judge thereof, in the cases where a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights; or […]
21-21-4. Grounds for receivership after judgment. A receiver may be appointed after judgment by the court in which the judgment was entered, or by the judge thereof: (1)To carry the judgment into effect; (2)To dispose of the property according to the judgment or to preserve it during the pendency of an appeal; (3)In proceedings in […]
21-21-5. Receivership under usages of equity. A receiver may be appointed by the court in which an action is pending, or by the judge thereof, in all other cases where receivers have heretofore been appointed by the usages of courts of equity. Source: CCivP 1877, §219, subdiv 6; CL 1887, §5015, subdiv 6; RCCivP 1903, […]
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 […]
21-21-7. Party not to be receiver except by consent. No party or person interested in an action can be appointed receiver therein, without the written consent of the parties, filed with the clerk. Source: CCivP 1877, §221; CL 1887, §5017; RCCivP 1903, §229; RC 1919, §2477; SDC 1939 & Supp 1960, §37.2603.
21-21-8. Oath and undertaking of receiver. Before entering upon his duties the receiver must be sworn to perform them faithfully, and, with one or more sureties, approved by the court or judge, execute an undertaking to such person and in such sum as the court or judge may direct, to the effect that he will […]
21-21-9. Powers of receiver in collection and management of property. The receiver has, under the control of the court, power to bring and defend actions in his own name as receiver, to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and […]
