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· 7/23/1891

Shannon v. Hanks

Citations

  • 88 Va. 338
  • 13 S.E. 437
  • 1891 Va. LEXIS 38

Syllabus

<p>1. Receiver — Appeal.—Under Code, ? 3454, an appeal lies to a decree appointing a receiver, whereby a change in possession or control of the property is required, though made in vacation.</p> <p>2. Idem — Discretion of court. — At hearing or after a decree, though the bill contains no prayer for a receiver, the court may appoint one if the case requires it.</p> <p>3. Idem — Case at bar. — When, as in the case here, the liens far exceed the value of the property, an order appointing a receiver will not be reversed by the appellate court. Nor is it necessary that the application be supported by affidavit, nor that the court should be satisfied that property waslikelyjto be wasted or injured.</p> <p>4. Idem — Attorneys.—It is no abuse of the court’s discretion to appoint as receivers the attorneys of the respective parties to the suit.</p>

Judges: Lewis

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