Ford v. Taylor

Citations

• 137 F. 149
• 1905 U.S. App. LEXIS 5208

Syllabus

<p>1. Receivers—Practice on Ex Parte Application.</p> <p>When an ex parte' application is made for the appointment of a receiver, the proper practice is to make an order requiring the defendant to show cause why the application should not be granted, and, if a proper showing of emergency is made, to appoint a temporary receiver until the day for hearing on the rule to show cause.</p> <p>2. Same—Evidence to Warrant Appointment—Answer under Oath.</p> <p>Under the amendment to equity rule 41, an answer under oath may be used as an affidavit on a motion for the appointment of a receiver, or on a motion to discharge a receiver appointed ex parte;' and where the bill does not waive answer under oath, such answer, which distinctly denies the material allegations of the bill, not only makes an issue, but proves it to the extent that to overthrow it will require the evidence of two witnesses, or of one witness and circumstances equivalent to a second.</p>