A Practical Treatise On the Law of Receivers : With Extended Consideration of Receivers of Corporations

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R. Co., 8 Woods, 631, 626.
* Attorney-General v. North Ameri- * Attorney General v. Mayor of Gal- can Life Ins. Co.. 77 N. Y. 297. way, 1 Mol. 95.
■• Hammond v. Tarver (Tex. Civ.
App.), 31 S. W. R. 841.
§ 136.] APPLICATIONS IN DIFFERENT ACTIONS. I45 fused, a new application must be founded upon additional proof showing a proper case for relief, and not merely upon the papers or proofs submitted on the first application. This ruling was made in a case in which the court had intimated, on the fir
...st application, that a receiver might be subsequently appointed if the circumstan- ces should warrant it.' It frequently happens that when the court denies a motion for a receiver, it will do so with leave to renew the motion if it appear that additional new proof, sufficient to present a strong case, may be obtained by the moving party. ^ In Georgia it has been held that when a writ of error is pending to an order made at cham- bers continuing an application made for a receiver until the hear- ing, the application will be granted in term time and before the final hearing, on the same bill and on the same facts.^ If the order be set aside and the receiver be ordered to return the property to defendant, a new application for receiver may be properly made before the property is delivered back.* Section 136.

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