25-1085 Application; form; content. - Nebraska Statutes

25-1085. Application; form; content.If a complainant desires the appointment of a receiver at the commencement of the action, the complainant shall request such appointment in the complaint. If the occasion for a receiver arises while the suit is pending, the application shall be made by a motion setting forth the facts and circumstances making such appointment necessary or proper. SourceR.S.1867, Code § 270, p. 438; R.S.1913, § 7814; C.S.1922, § 8758; C.S.1929, § 20-1085; R.S.1943, § 25-1085; Laws 2002, LB 876, § 23. AnnotationsAppointment of receiver is purely ancillary remedy and cannot be maintained in proceeding instituted solely for that purpose. Cressman v. Bonham, 129 Neb. 201, 260 N.W. 818 (1935).Verification is not jurisdictional, and may be waived. Farmers & Merchants Bank of Holstein v. German Nat. Bank of Lincoln, 59 Neb. 229, 80 N.W. 820 (1899).