§ 25-1088.Receivers; extent of representation.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1088
Source
R.S.1867, Code § 273, p. 439; R.S.1913, § 7817; C.S.1922, § 8761; C.S.1929, § 20-1088; R.S.1943, § 25-1088.
Plain-English Summary
Section 25-1088 is a single, pointed rule: every receiver is considered the receiver of a party to the suit, and no others. A receiver appointed at one party’s request does not become a neutral agent for the whole case in some abstract sense — the receiver stands in for the party whose application produced the appointment.
That limit matters when disputes arise over whose interests the receiver is supposed to protect. A receiver’s obligations run to the party who sought the appointment, not to the opposing side or to anyone else who might claim an interest in the property.
Frequently Asked Questions
Whose interests does a receiver represent?
The party to the suit on whose behalf the receiver was appointed.
Can a receiver act on behalf of a nonparty with an interest in the property?
No. Section 25-1088 limits the receiver’s representation to a party to the suit.
Does this mean the receiver has no obligations toward the opposing party?
Section 25-1088 addresses whom the receiver represents; the receiver’s specific duties, including any owed to the court, come from the order made under section 25-1087.
Why does it matter whose receiver it is?
It clarifies whose interests and instructions govern the receiver’s conduct in the case, which matters when parties disagree over the property.
Does more than one receiver exist for different parties in the same case?
The statute treats each receiver as tied to the party whose application secured the appointment, which is a relevant question when more than one party seeks a receiver in the same suit.