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" ... fraud or imminent danger, if the intermediate possession should not be taken by the court, must be clearly proved; and (5) that, unless the necessity be of the most stringent character, the court will not appoint until the defendant is first heard... "
THE PRINCIPLES OF EQUITY: A TREATISE ON THE SYSTEM OF JUSTICE ADMINISTERED ... - Page 506
by GEO. TUCKER BISPHAM - 1874
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Reports of Cases Decided in the High Court of Chancery of Maryland ...

Maryland. Courts: High Court of Chancery - Equity - 1851 - 616 pages
...PRACTICE.] THE court interposes, by appointing a receiver against the legal title, with reluctance, and fraud, or imminent danger, if the intermediate possession...not be taken by the court, must be clearly proved. Though the court will not, by the appointment of a receiver, deprive a prior mortgagee, having the...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 15

Florida. Supreme Court - Law reports, digests, etc - 1876 - 806 pages
...affidavit that a Receiver is necessary to preserve the property. 3. There is no case where the court appoints a Receiver merely because the measure can do no harm. 4. Fraud or imminent danger, if the intermediate possession should not be taken by the court, must be...
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A Treatise on the Law and Practice as to Receivers Appointed by the Court of ...

William Williamson Kerr, George Tucker Bispham - Receivers - 1877 - 360 pages
...There is no case where the court appoints a receiver merely because the measure can do no harm. 4th. Fraud or imminent danger, if the intermediate possession...not be taken by the court, must be clearly proved. 5th. Unless the necessity be of the most stringent character, the court will not appoint until the...
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The Atlantic Reporter, Volume 70

Law reports, digests, etc - 1908 - 1148 pages
...and that in no case should the court make an appointment merely because It could do no harm, he said: "(4) That 'fraud or Imminent danger, if the Intermediate...most stringent character, the court will not appoint until the defendant is first heard in response to the Application." Granting that there may be cases...
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Atlantic Reporter, Volume 54

Law reports, digests, etc - 1903 - 1164 pages
...that a receiver is necessary to preserve the property; (3) that there is no case in which the court appoints a receiver merely because the measure can do no harm; (4) that fraud or imminent danger, if tlie intermediate possession should not be taken by the court, must be clearly proved; and (5) that,...
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Atlantic Reporter, Volume 20

Law reports, digests, etc - 1891 - 1132 pages
...property, but the court must be satisfied that a receiver le necessary to preserve it, and that fraud and imminent danger, if the intermediate possession should...not be taken by the court, must be clearly proved. The application of the rules, which have been so frequently approved, to the facts before ue satisfies...
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Commentaries on the Law of Receivers: With Particular Reference to the ...

Charles Fisk Beach (Jr.) - Railroad law - 1887 - 896 pages
...rules by which courts of equity are governed in Maryland, in the appointment of receivers, is :— " That fraud or imminent danger, if the intermediate...be taken by the court, must be clearly proved ; and that unless the necessity be of the most stringent character, the court will not appoint until the...
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A Treatise on Federal Practice in Civil Causes: With Special ..., Volume 1

Roger Foster - Courts - 1892 - 812 pages
...there is no case in which the court appoints a receiver merely because the measure can do no harm. 4th. That ' fraud or imminent danger, if the intermediate...taken by the court, must be clearly proved ; ' and 5th. That unless the necessity be of the most stringent character, the court will not appoint until...
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The American and English Encyclopedia of Law, Volume 20

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1892 - 1178 pages
...there is no case in which the court appoints a receiver merely because the measure can do no harm. 4th. That "fraud or imminent danger, if the intermediate...taken by the court, must be clearly proved;" and, 5th.That unless the necessity be of the most stringent character the court will not appoint unless...
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A Practical Treatise on the Law of Receivers: With Extended Consideration of ...

Charles Fisk Beach (Jr.) - Receivers - 1897 - 1042 pages
...the rules by which courts of equity are governed in Maryland, in the appointment of receivers, is: "That fraud or imminent danger, if the intermediate...be taken by the court, must be clearly proved ; and that unless the necessity be of the most stringent character, the court will not appoint until the...
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