Herron v. Superior Court

California Court of Appeal

Herron v. Superior Court

94 Cal. App. 510

California Court of Appeal·Decided October 26, 1928·No. Civ. No. 6505·Published

Opinion

THE COURT.

This is an original application for a writ of prohibition to restrain the respondent Superior Court from hearing proceedings upon an accusation of contempt based upon the petitioner’s alleged interference with a receiver appointed by order of the Superior Court.

The theory of the petitioner is that he was in possession of the premises occupied by the receiver under a claim of right. This is a question of fact which must' be tried by the respondent court in the contempt proceedings. (Goodrich v. Superior Court, 92 Cal. App. 695 [268 Pac. 669].)

The petition is denied.

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THE COURT.

This is an original application for a writ of prohibition to restrain the respondent Superior Court from hearing proceedings upon an accusation of contempt based upon the petitioner’s alleged interference with a receiver appointed by order of the Superior Court.

The theory of the petitioner is that he was in possession of the premises occupied by the receiver under a claim of right. This is a question of fact which must' be tried by the respondent court in the contempt proceedings. (Goodrich v. Superior Court, 92 Cal. App. 695 [268 Pac. 669].)

The petition is denied.

Herron v. Superior Court, 94 Cal. App. 510 (Cal. Ct. App. 1928).

Pincite

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Opinion

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