TRIAL BRIEF - Page 2
This rule has been explained by the Fifth Circuit in Tucker v. Baker, 214 F.2d
627, 631 (5th Cir. 1954). Tucker explains that “a receivership for the sake of a
receivership with the consequent heavy burdens and expenses which will tend to
dissipate in court costs and allowances the properties of the true owners, while
unduly and without warrant keeping them out of the possession and use of their
own” and that “receiverships for conservation have a legitimate function but
they are to be watched with jealous eyes lest their function be perverted”.
The Tucker Court explains at 631-632:
Where a final decree involving the disposition of property is
appropriately asked, the court, in its discretion, may appoint a receiver to
preserve and protect the property pending its final disposition. …
In the case at bar, the plaintiffs, though asking for a receiver with
broad powers, are not asking for a final disposition of the property. …
[S]uch action is clearly inappropriate under the above authorities
for the reason that the receivership can accomplish no end, but must
merely be an end in itself, if there is any reason for same.
Because the motion for receivership did not seek the appointment of a
receiver as a step to achieve any further, final disposition of Mr. Baron’s property,
the receivership order imposed is unlawful. Id.
Accordingly the receivership should be immediately vacated and all the fees
and expenses claimed by the receiver and his attorneys charged against Mr. Sherman
and his counsel, the parties provoking the receivership. Tucker at 632; Porter v.
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