Bainbridge Power Co. v. Ivey

(After stating the foregoing facts.) Under the facts alleged in the petition and those established beyond controversy by the evidence in the case, the court should have refused the receiver. It is a general rule that there must be some necessity *22for the appointment of a receiver, in the way of protecting the rights of the parties by preserving the property or assets. The necessity for a receiver must clearly appear, and a receiver will not be appointed where no advantage to the party seeking a receiver can be gained thereby. 14A C. J. 945-6. “In order to justify the appointment of a receiver…