On the petition of either party to a civil action or proceeding, wherein the party shows
that the party has a probable right to, or interest in, any property which is the subject of
the controversy, and that such property, or its rents or profits, are in danger of being lost or
materially injured or impaired, and on such notice to the adverse party as the court shall
prescribe, the court, if satisfied that the interests of one or both parties will be thereby
promoted, and the substantial rights of neither unduly infringed, may appoint a receiver
to take charge of and control such property under its direction during the pendency of the
action, and may order and coerce the delivery of it to the receiver.
[C51, §1656; R60, §3216, 3419; C73, §2903, 2970; C97, §3822; C24, 27, 31, 35, 39, §12713;
C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §680.1]
Service of pleadings and orders, R.C.P. 1.442, 1.453
Attachment of interest, chapters 639, 640
\n
Notes of Decisions
Cited in
13
cases, 1946–2018 · leading case:
Rouse v. Rouse, 174 N.W.2d 660 (Iowa 1970).
Rouse v. Rouse, 174 N.W.2d 660 (Iowa 1970).
· cites it 4× “In other words, he delayed voicing actual complaint in this regard until a receiver had not only been named but fully performed his duties, except for effecting final distribution.”
Wellman Sav. Bank v. Roth, 432 N.W.2d 697 (Iowa Ct. App. 1988).
· cites it 8× “Iowa Code § 680.1 (1987). It is not necessary to show that an absolute right to recover exists, it is enough to show a probable right exists.”
Kansas City Life Ins. Co. v. Hullinger, 459 N.W.2d 889 (Iowa Ct. App. 1990).
· cites it 4× “The receiver was appointed by the court in the foreclosure action pursuant to Iowa Code section 680.1 (1989) which provides: On the petition of either party to a civil action or proceeding, wherein the party shows that the party has a probable right to, or interest in, any…”
Fed. Land Bank of Omaha v. Heeren, 398 N.W.2d 839 (Iowa 1987).
· cites it 2× “See Iowa Code § 680.1 ; 55 Am. Jur.2d Mortgages § 991 (to justify appointment of receiver, appearance or danger of waste must be proven).”
ABM Janitorial Servs.-North Cent., Inc. v. Pami Ryan Town Centre LLC, 601 F. Supp. 2d 1111 (N.D. Iowa 2008).
· cites it 10× “Invoking Iowa Code § 680.1 , BADK requested that the court appoint “Heritage Associates Corporation, a local commercial and investment real estate company with previous receivership experience, to serve as receiver in this matter.”
Rudolph v. Davis, 25 N.W.2d 332 (Iowa 1946).
· cites it 2× “Section 680.1, Code of 1946 (section 12713, Code of 1939) provides for the appointment of a receiver in civil actions: “* # * on such notice to the adverse party as the court or judge shall prescribe, the court, or, in vacation, the judge thereof, if satisfied that the interests…”
Bennett v. Eldon Miller, Inc., 106 N.W.2d 257 (Iowa 1960).
· cites it 2× “Our statutory provision as to appointment of a receiver appears in section 680.1, 1958 Code. Pertinent parts are as follows: “On the petition of either party to a civil action or proceeding, wherein he shows that he has a probable right to, or interest in, any property which is…”
In Re the Marriage of Prybil, 230 N.W.2d 487 (Iowa 1975).
“See § 680.1, The Code, 1973. Recently we appointed a fiscal agent to perform duties similar to those usually undertaken by a receiver which we described as an exercise of “sound legal discretion.”
Matter of Spears, 83 B.R. 621 (Bankr. S.D. Iowa 1987).
“See Iowa Code sections 680.1 and 680.2; Kooistra v. Gibford, 201 Iowa 275 , 207 N.”
Sec. State Bank v. Taylor, 421 N.W.2d 877 (Iowa 1988).
· cites it 4× “They think that, without a hearing, the court lacks sufficient evidence to decide whether a receiver is necessary. Our statutory scheme provides for the appointment of receivers “if .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.