60-1304. Petition for appointment; specifications; notice; bond; application to nonresidents. - Kansas Statutes

60-1304

Chapter 60.--PROCEDURE, CIVIL Article 13.--RECEIVERS

      60-1304.   Petition for appointment; specifications; notice; bond;application to nonresidents.A receiver shall not be appointed unless: (a) The petition orapplication for appointment specifies, to the extent known to thepetitioner or applicant, the general character and probable value of theproperty, business or business interest for which the appointment issought, and, if real property is involved, the estimated annual incometherefrom; (b) notice and an opportunity to be heard is given to theinterested parties, including any person or persons known to be inpossession of all or any part of such property, business or businessinterest, unless the judge shall, after the introduction of evidence and arecord of the proceeding is made, make a finding that immediate andirreparable injury is likely to result, and shall set forth in the orderthe probable nature of such immediate and irreparable injury. The judge mayalso require the petitioner or applicant to execute a bond, on such termsas the judge may direct, which bond shall not be a substitute for or in lieu ofthe bond of the receiver required in K.S.A. 60-1302. Thissection shall not apply where the defendant is a nonresident or a foreigncorporation not authorized to do business in this state.

      History:   L. 1963, ch. 303, 60-1304; L. 1967, ch.326, § 3; April 28.