§ 10-5-42 - Appointment of receiver – Effect on attachment.
SECTION 10-5-42
§ 10-5-42 Appointment of receiver –Effect on attachment. – An attachment of property, on any original writ or writ of mesne processhereafter issued, shall be dissolved by the appointment by the superior courtof a permanent receiver to take possession of the property to be attached, ifthe complaint praying for the appointment of the receiver is filed in thesuperior court within four (4) months after the attachment was made, unless thecourt, in its discretion, and on due notice, shall order that the right underthe attachment shall be preserved by the receiver for the benefit of the estatein receivership. In such case, the court may authorize the receiver toprosecute the action upon which the attachment was made for the benefit of theestate in receivership and may make all such other orders as may be necessaryto enable the receiver to recover for the benefit of the estate in receivershipthe interest of the defendant in the attached property, as of the time of theattachment, and the right and lien of the creditor under the attachment.