The court or judge having jurisdiction over the appointment of receivers may also by order in like manner, and with like authority, appoint a receiver in proceedings under this Article of the property of the judgment debtor, whether subject or not to be sold under execution, except the homestead and personal property exemptions. But before the appointment of the receiver, the court or judge shall ascertain if practicable, by the oath of the party or otherwise, whether any other supplementary proceedings are pending against the judgment debtor, and if so, the plaintiff therein shall have notice to appear before him, and shall likewise have notice of all subsequent proceedings in relation to the receivership. No more than one receiver of the property of a judgment debtor shall be appointed. The title of the receiver relates back to the service of the restraining order, herein provided for. (C.C.P., s. 270; 1870-1, c. 245; 1876-7, c. 223; 1879, c. 63; 1881, c. 51; Code, s. 494; Rev., s. 679; C.S., s. 722.)
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1968–2023 · leading case:
Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
Haarhuis v. Cheek, 820 S.E.2d 844 (N.C. Ct. App. 2018).
· cites it 34× “” One year later, with the judgment still unsatisfied, plaintiff filed a Motion for Appointment of Receiver pursuant to N.C. Gen. Stat. § 1-363 . Plaintiff maintained that defendant possessed property in the form of unliquidated legal claims against Universal and Burton for…”
Massey v. Cates, 162 S.E.2d 589 (N.C. Ct. App. 1968).
· cites it 3× “Plaintiff is proceeding under G.S. 1-363 which provides: “The court or judge having jurisdiction over the appointment of receivers may also by order in like manner, and with like authority, appoint a receiver in proceedings under this article of the property of the judgment…”
Watson v. Watson, 424 F. Supp. 866 (E.D.N.C. 1976).
“Therefore, until the debt from the garnishee actually comes into existence, suit may not be maintained therefor, and orders may not be issued for it, since the “res” is not then in existence.”
North Carolina Nat'l Bank v. C. P. Robinson Co., 352 S.E.2d 684 (N.C. 1987).
· cites it 3× “§ 1-362 and that a receiver be appointed pursuant to N.C.G.S. § 1-363. On 30 July 1984, Judge Gatto issued a temporary restraining order in which Robinson was ordered to refrain from transferring or otherwise disposing of his interest in property under his father’s will.”
Lone Star Indus., Inc. v. Ready Mixed Concrete of Wilmington, Inc., 314 S.E.2d 302 (N.C. Ct. App. 1984).
· cites it 2× “The judgment has not *309 been satisfied, and, after various proceedings irrelevant to this appeal, on July 23, 1982, pursuant to plaintiffs verified motion, Judge Peel entered an order appointing a receiver for the defendant corporation under the provisions of G.S. 1-363 and…”
Universal Life Ins. Co. v. Lindberg (N.C. Ct. App. 2023).
· cites it 2× “Thus, under both sections 1-358 and 1-362, the trial court’s jurisdiction hinged on whether Plaintiff returned an unsatisfied writ of execution, so we must determine whether Plaintiff did so.”
Doxol Gas of Angier, Inc. v. Howard, 220 S.E.2d 203 (N.C. Ct. App. 1975).
· cites it 4× “The trial court appointed the receiver pursuant to G.S. 1-363. Under G.S. 1-363, “[t]he court or judge having jurisdiction over the appointment of receivers may also by order in like manner, and with like authority, appoint a receiver in proceedings under this article of the…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.