Moyers v. Coiner

Citations

• 22 Fla. 422

Syllabus

<p>1, A. receiver should not be appointed, except on notice to the party whose property is to be divested, except in cases of the gravest emergency, demanding the immediate interference of the court for the prevention of irreparable injury.</p> <p>2. The rule requiring notice to the defendant of an intended application for the appointment of a receiver would seem to be not a matter of discretion, but an inflexible rule, subject to the exception in the first head note.</p> <p>3. The general rule in regard to costs is, that they follow the result of a suit. In a court of equity this rule is departed from, when the failing party can show to the court any circumstances which would render it unjust that he should pay the costs of the proceedings.</p> <p>4 When a receiver is appointed by the court, on application of the complainant in a hill, without notice to the defendant, and the allegations in the hill are insufficient to warrant the appointment, and said receiver is continned after amotion by the defendant to vacate the order appointing a receiver, which motion is denied, and the action of the court is excepted to by the defendant, the costs accumulated by such appointment should be paid by the complainant.</p>