South Carolina § 15-65-90 - Charging costs and ascertaining damages if receiver is improperly appointed.

§ 15-65-90. Charging costs and ascertaining damages if receiver is improperly appointed.

Whenever a receiver shall have been appointed of any property against the opposition of any party to the cause and shall have taken possession of the property and thereafter by any final adjudication such receiver shall be held to have been improperly appointed, the costs, charges and expenses of such receivership shall not be charges upon the property as a whole but only upon the interests therein of the party procuring the appointment. And any party to the cause having opposed such receivership may apply to the court after final adjudication, as aforesaid, and have it referred to a master, referee or jury, as the practice in the case presented may be proper, to have his actual damages by reason of such receivership ascertained and assessed and for judgment therefor against the party or parties having procured such receiver.

HISTORY: 1962 Code SECTION 10-2309; 1952 Code SECTION 10-2309; 1942 Code SECTION 584; 1932 Code SECTION 584; Civ. P. '22 SECTION 524; Civ. P. '12 SECTION 303; Civ. P. '02 SECTION 265; 1870 (14) 479 SECTION 267; 1897 (22) 510.