Section 576.08 Hearing by Court; Dismissal of Proceeding; Appointment and Bond of Receiver

576.08 HEARING BY COURT; DISMISSAL OF PROCEEDING; APPOINTMENT AND BOND OF RECEIVER.

The absentee, or any person who claims an interest in any of the property, may appear and show cause why the prayer of the petition should not be granted. The court may, after hearing, dismiss the petition and order the property in possession of the officer to be returned to the person entitled thereto, or it may appoint a receiver of the property which is in the possession of the officer and named in the schedule. If a receiver is appointed, the court shall find and record the date of the disappearance or absconding of the absentee; and the receiver shall give a bond to the state in the sum and with the conditions the court orders, to be approved by the court. In the appointment of the receiver the court shall give preference to the spouse of the absentee, if the spouse is competent and suitable.

History:

(8080-5) 1925 c 262 s 5; 1981 c 31 s 18; 1986 c 444