§ 1559.Vacation of Appointment By Supreme Court

Chapter 30: Receivers · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceGives a party aggrieved by a Supreme Court justice's order appointing or refusing to appoint a receiver ten days to move to vacate it, suspends the receiver's authority once the moving party posts a bond pending appeal, and requires surrender of any property the receiver already took.

Full Text of § 1559

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In all cases in the Supreme Court in which a receiver has been appointed, or refused, by any Justice of the Supreme Court, the party aggrieved may, within ten (10) days thereafter have the right to file a motion to vacate the order refusing or appointing such receiver, and hearing on such motion may be had before the Supreme Court, if the same be in session, or before a quorum of the justices of said court in vacation, at such time and place as the said court or the justices thereof may determine, and pending the final determination of the cause, if the order was one of the appointment of a receiver, the moving party shall have the right to give bond with good and sufficient sureties, and in such amount as may be fixed by order of the court or a justice thereof, conditioned for the due prosecution of such cause and the payment of all costs and damages that may accrue to the state, or any officer, or person by reason thereof, and the authority of any such receiver shall be suspended pending a final determination of such cause, and if such receiver shall have taken possession of any property in controversy in said action, the same shall be surrendered to the rightful owner thereof, upon the filing and approval of said bond.

End

Amendment History

R.L.1910, § 4987.

Plain-English Summary

Section 1559 gives a losing party in the Supreme Court a way to challenge a single justice's ruling on a receiver. Within ten days of an order appointing or refusing to appoint a receiver, the aggrieved party can file a motion to vacate it, heard either by the full Supreme Court in session or by a quorum of justices in vacation.

While that challenge is pending, the moving party can post a bond, in an amount the court or a justice sets, conditioned on prosecuting the case and paying costs and damages. Once that bond is filed and approved, the receiver's authority is suspended, and if the receiver already took possession of property in the case, that property goes back to its rightful owner.

Frequently Asked Questions

How long do I have to challenge a Supreme Court justice's order on a receiver?

Ten days from the order appointing or refusing to appoint the receiver.

Who hears the motion to vacate?

The Supreme Court itself if it's in session, or a quorum of the justices in vacation, at whatever time and place the court or justices set.

Does the receiver keep working while the challenge is pending?

Not once the moving party files and gets approval of a bond -- the receiver's authority is suspended pending final determination of the case.

What happens to property the receiver already took?

Once the bond is filed and approved, any property the receiver already took possession of must be surrendered to its rightful owner.

Source & verification. Section text is reproduced verbatim from Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature. Last verified August 3, 2026. · Official source

Also known as: appeal receiver appointment oklahoma supreme court12 O.S. § 1559motion to vacate receiver orderten day deadline to challenge receiver appointment