SEC. 220. It shall be sufficient for the plaintiff to allege in his complaint or affidavit, that the services were rendered or material was furnished the boat by its name.

Name of boat sufficient in

complaint.

of receiver.

SEC. 221. A receiver may be appointed by the court Appointment in which an action is pending, or by the judge thereof:

First. In an action by a vendor to vacate a fraudulent purchase of property, or by a creditor to subject any property or fund to his claim, or between partners or others jointly owning or interested in any property or fund, on the application of the plaintiff, or of any party whose right to, or interest in, the property or fund, or the proceeds thereof, is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured.

Cases in which rebe appointed.

Second. In an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, ceivers may or that the condition of the mortgage has not been performed, and that the property is probably insufficient to discharge the mortgage debt.

Third. After judgment, to carry the judgment into

effect.

Fourth. After judgment, to dispose of the property. according to the judgment, or to preserve it during the pendency of an appeal, or in proceedings in aid of execution, when an execution has been returned unsatisfied, or when the judgment debtor refuses to apply his property in satisfaction of the judgment.

Fifth. In cases when a corporation has been dissolved, or is insolvent or in imminent danger of insolvency, or has forfeited its corporate rights.

Sixth. In all other cases where receivers have heretofore been appointed by the usages of courts of equity.

SEC. 222. Upon the dissolution of any corporation, the district courts of the county in which the corporation carries on its business, or has its principal place of business, on application of any creditor of the corporamay appoint tion, or of any stockholder or member thereof, may apof effects of point one or more persons to be receivers or trustees of

District court

to take charge

corporation

dissolved.

Person inter

without consent.

the corporation, to take charge of the estate and effects thereof, and to collect the debts and property due and belonging to the corporation, and to pay the outstanding indebtedness thereof, and to divide the moneys and other property that shall remain over, among the stockholders or members.

SEC. 223. No party or attorney, or person interested ested not ap in an action, can be appointed receiver therein, without pointed the written consent of the parties, filed with the clerk. If a receiver be appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may Appointment of receiver sustain by reason of the appointment of such receiver, application. and the entry by him upon his duties, in case the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient cause, and the court may, in its discretion, at any time after said appointment, require an additional undertaking.

upon ex parte

Oath and un

SEC. 224. Before entering upon his duties the receiver must be sworn to perform them faithfully, and, with one or more sureties, approved by the court or judge, exedertaking of cute an undertaking to such person, and in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.

receiver.

SEC. 225. The receiver has, under the control of the court, power to bring and defend actions in his own name, Powers of as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same; to make transfers, and generally to

receiver.

do such acts respecting the property as the court may authorize.

Funds in hands of receiver may be

SEC. 226. Funds in the hands of a receiver may be invested upon interest by order of the court; but no such order can be made except upon the consent of all invested. the parties to the action.

CHAPTER VI.- Deposit in Court.

SEC. 227. When it is admitted by the pleading or examination of a party that he has in his possession or under his control any money or other thing capable of delivery, which, being the subject of litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same, upon motion, to be deposited in court or delivered to such party, upon such conditions as may be just, subject to the further direction of the court.

Deposit of money, &c., in court.

Disposition of

SEC. 228. If the money is deposited in court it must be paid to the clerk, who must deposit it with the county treasurer, by him to be held subject to the order of the money depos court. For the safe keeping of the money deposited with him the treasurer is liable on his official bond.

SEC. 229. Whenever, in the exercise of its authority, a court has ordered a deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience, may make an order requiring the sheriff to take the money or thing and deposit or deliver it in conformity with the direction of the court.

TITLE VIII.

CHAPTER I.-Judgments in General.

ited.

Punishment for disobey

ing order of cerning de

court con

posit.

SEC. 230. A judgment is the final determination of Judgment— the rights of the parties in an action or proceeding.

definition of.

For or against

SEC. 231. Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may, when the justice one or more of the case requires it, determine the ultimate rights of the parties on each side as between themselves.

of parties.

Judgment

more defend

ants and action as to others.

SEC. 232. In an action against several defendants

against one or the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others whenever a several judgment is proper. SEC. 233. The relief granted to the plaintiff, if there be no answer, shall not exceed that which he shall have What relief demanded in his complaint; but in any other case the court may grant him any relief consistent with the case made by the complaint and embraced within the issue. SEC. 234. An action may be dismissed, or a judgment of a non-suit entered, in the following cases:

plaintiff

given.

When action dismissed or non-suit entered.

First. By the plaintiff himself at any time before the trial, upon the payment of costs, if a counter claim. has not been made. If a provisional remedy has been allowed, the undertaking shall thereupon be delivered by the clerk to the defendant, who may have his action thereon.

Second. By either party upon the written consent of the other.

Third. By the court, when the plaintiff fails to appear on the trial, and the defendant appears and asks for the dismissal.

Fourth. By the court, when, upon trial, and before the final submission of the case, the plaintiff abandons it.

Fifth. By the court, upon motion of the defendant, when, upon the trial, the plaintiff fails to prove a sufficient case for the jury.

The dismissal mentioned in the first two sub-divisions shall be made by an entry in the clerk's register. Judgment may thereupon be entered accordingly.

SEC. 235. In every case, other than those mentioned Judgment in the last section, the judgments shall be rendered upon the merits.

upon merits.

CHAPTER II.—Judgment upon Failure to Answer. SEC. 236. Judgment may be had if the defendant fail to answer the complaint, as follows:

First. In an action arising upon a contract for the

recovery of money or damages only, if no answer has been filed with the clerk of the court within the time specified in the summons, or such further time as may have been granted, the clerk, upon the application of the plaintiff, shall enter the default of the defendant, and immediately thereafter enter judgment for the amount specified in the summons, including the costs, against the defendant, or against one or more of several defendants, in the cases provided for in section 75.

Second. In other actions, if no answer has been filed with the clerk within the time specified in the summons, or such further time as may have been granted, the clerk shall enter the default of the defendant; and thereafter the plaintiff may apply at the first or any subsequent term of the court for the relief demanded in the complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the court may take the account or hear the proof; or may, in its discretion, order a reference for that purpose; and where the action is for the recovery of damages in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages the examination of a long account be necessary, by a reference as above provided.

Third. In actions where the service of the summons was by publication, the plaintiff, upon the expiration of the time designated in the order of publication, may, upon proof of the publication, and that no answer has been filed, apply for judgment; and the court shall thereupon require proof to be made of the demand mentioned in the complaint, and if the defendant be not a resident of the territory, shall require the plaintiff or his agent to be examined on oath respecting any payments that have been made to the plaintiff, or to any one for his use, on account of such demand, and may render judgment for the amount which he is entitled to recover.