O.C.G.A. § 9-8-10 (2019)
Receiver’s bond
The judge of the superior court, in his discretion, may require a receiver to give bond conditioned for the faithful discharge of the trust reposed. If bond is so required, the judge shall fix the amount thereof and shall determine the sufficiency of the security. The judge shall also regulate the compensation paid to the receiver.
History
Orig. Code 1863, § 274; Code 1868, § 268; Code 1873, § 277; Code 1882,
§ 277; Civil Code 1895, § 4907; Civil Code 1910, § 5482; Code 1933, § 55-308.
Annotations
JUDICIAL DECISIONS Amount of bond discretionary with court. - Whether the security required of the receiver is sufficient is a matter of discretion. McDougald v. Dougherty, 11 Ga. 570, 1852 Ga. LEXIS 67 (1852). While receivers ought generally to be required to give security, where the parties in interest apply for receiver’s appointment, and are in all respects capable of judging the competency and responsibility of the person appointed, they may unquestionably waive security; however, in the case of infants, the court ought to look closely into the matter and see that their interests are secure, and if the receiver is not entirely responsible, security ought to be required. Johns v. Johns, 23 Ga. 31, 1857 Ga. LEXIS 213 (1857). Appointment of receivers was not erroneous because of refusal of court
to comply with request by added defendant to require plaintiffs to give bond for protection against any damage that the plaintiff might sustain as a result of such receivership, nor, under the particular facts of the case, was it error to refuse to allow the defendant to give bond in lieu of the appointment of receivers for the corporate stock in question. Benton v. Turk, 188 Ga. 710, 4 S.E.2d 580, 1939 Ga. LEXIS 596 (1939). Failure to give bond not an abuse of discretion. - Because officers failed to move in the trial court for the state to post a bond under the Georgia Racketeer Influenced and Corrupt Organization Act, O.C.G.A. § 16-14-6(b), the officers’ claim that the trial court erred in not requiring the state to post a bond would not be considered on appeal; the officers did
move for the receiver to post a bond, but the trial court had discretion whether or not to require the receiver to give bond for the faithful discharge of the trust reposed,
O.C.G.A. § 9-8-10, and the trial court did not abuse that discretion. Pittman v. State, 288 Ga. 589, 706 S.E.2d 398, 2011 Ga. LEXIS 149 (2011).
RESEARCH REFERENCES Am. Jur. 2d. 65 Am. Jur. 2d, Receivers, § 42. C.J.S. 75 C.J.S., Receivers, §§ 75, 472 et seq.
ALR. Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.