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Appointment of Receivers upon

of corpora

tion, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment;

5. In the cases when a corporation has been dissolved, or is insolvent, or in imminent danger of insol vency, or has forfeited its corporate rights;

6. In all other cases where Receivers have heretofore been appointed by the usages of Courts of equity.

565. Upon the dissolution of any corporation, the District Court of the county in which the corporation dissolution carries on its business, or has its principal place of tions. business, on application of any creditor of the corporation, or of any stockholder or member thereof, may appoint one or more persons to be receivers or trustees of the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the outstanding debts thereof, and to divide the moneys and other property that shall remain over, among the stockholders or members.

Who shall not be

566. No party, or attorney, or person interested appointed. in an action, can be appointed receiver therein.

Oath and undertaking.

Powers of
Receivers.

567. 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 faithfully discharge the duties of receiver in the action, and obey the orders of the Court therein.

568. 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

generally to do such acts respecting the property as the Court may authorize.

of funds.

569. Funds in the hands of a receiver may be Investment 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.

CHAPTER VI.

DEPOSIT IN COURT.

SECTION 572. Deposit in Court.

573. Money paid to Clerk must be deposited with County
Treasurer.

574. Manner of enforcing the order.

Court.

572. (§ 142.) When it is admitted by the plead- Deposit in ing, or shown upon the examination of a party, that he has in his possession or under his control any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the Court may order the same, upon motion, to be deposited in Court or delivered to such party, upon such conditions as may be just, subject to the further direction of the Court.

573. If the money is deposited in Court it must be paid to the Clerk, who must deposit it with the County Treasurer, by him to be held subject to the order of the Court. For the safe keeping of the money deposited with him the Treasurer is liable on his official bond.

574. Whenever, in the exercise of its authority, a Court has ordered the deposit or delivery of money, or other thing, and the order is disobeyed, the Court, beside punishing the disobedience, may make an order

Money paid must be

to Clerk

deposited

with

County

Treasurer.

Manner of

enforcing

the order.

requiring the Sheriff to take the money, or thing, and deposit or deliver it in conformity with the direction of the Court.

TITLE VIII.

OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS.

CHAPTER I. Judgment in general.

II. Judgment upon failure to answer.

III. Issues-The mode of trial and post

ponements.

IV. Trial by jury.

V. Trial by the Court.

VI. Of references and trials by referees.
VII. Provisions relating to trials in general.
VIII. The manner of giving and entering
judgment.

Judgment defined.

Judgment may be for

CHAPTER I.

JUDGMENT IN GENERAL.

SECTION 577. Judgment defined.

578. Judgment may be for or against one of the parties.
579. Judgment may be against one party and action pro-

ceed as to others.

580. The relief to be awarded to the plaintiff.

581. Action may be dismissed or nonsuit entered.

582. All other judgments are on the merits.

577. (§ 144.) A judgment is the final determination of the rights of the parties in an action or proceeding.

578. (§ 145.) Judgment may be given for or or against against one or more of several plaintiffs, and for or against one or more of several defendants; and it may,

one of the parties.

when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.

579. (§ 146.) In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment is proper.

580. (§ 147.) The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the Court may grant him any relief consistent with the case made by the complaint and embraced within the issue.

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581. (§ 148.) An action may be dismissed, or a Action judgment of nonsuit entered, in the following cases:

may be dismissed or nonsuit

1. By the plaintiff himself, at any time before trial, entered. upon the payment of costs, if a counter claim has not been made. If a provisional remedy has been allowed, the undertaking must thereupon be delivered by the Clerk to the defendant, who may have his action thereon;

2. By either party, upon the written consent of the other;

3. By the Court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal;

4. By the Court, when, upon the trial, and before the final submission of the case, the plaintiff abandons it;

5. By the Court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury.

The dismissal mentioned in the first two subdivisions is made by an entry in the Clerk's register. Judgment may thereupon be entered accordingly.

All other judgments

582. (§ 149.) In every case, other than those

are on the mentioned in the last section, judgment must be ren

merits.

dered on the merits.

In what

cases

judgment
may be had
upon the
failure
of the
defendant
to answer.

CHAPTER II.

JUDGMENT UPON FAILURE TO ANSWER.

SECTION 585. In what cases judgment may be had upon the failure of the defendant to answer.

585. (§ 150.) Judgment may be had, if the defendant fail to answer the complaint, as follows:

1. In an action arising upon contract for the recov ery of money or damages only, if no answer has been filed with the Clerk of the Court within the time specified in the summons, or such further time as may have been granted, the Clerk, upon application of the plaintiff, must enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the summons, including the costs, against the defendant, or against one or more of several defendants, in the cases provided for in Section 414;

2. In other actions, if no answer has been filed with the Clerk of the Court within the time specified in the summons, or such further time as may have been granted, the Clerk must enter the default of the defendant; and thereafter the planitiff may apply at the first or any subsequent term of the Court for the relief demanded in the complaint. If the taking of an account, or the proof of any fact, is necessary to enable the Court to give judgment, or to carry the judgment into effect, the Court may take the account or hear the proof; or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the Court may order the damages to be assessed by a jury; or

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